Pratt v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. J. M. Pittman, Judge. Our statute defines an assault to be an unlawful attempt coupled with a present ability to commit a violent injury, etc. Mansf. Dig., sec. 1562. Present ability is necessary at common law to constitute the crime. Roscoe Cr. Ev., 2g6; Russell on Cr., loig; 2 East P. C., J12; Mich., 521; g Ala., ?g; ‡3 id., 33‡; j8 id, ‡63; 56 Am.
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APPEAL from Boone Circuit Court. J. M. Pittman, Judge. Our statute defines an assault to be an unlawful attempt coupled with a present ability to commit a violent injury, etc. Mansf. Dig., sec. 1562. Present ability is necessary at common law to constitute the crime. Roscoe Cr. Ev., 2g6; Russell on Cr., loig; 2 East P. C., J12; Mich., 521; g Ala., ?g; ‡3 id., 33‡; j8 id, ‡63; 56 Am. Rep., ‡2. Our statute is clear, and was evidently enacted in view of the conflicting views as to what constituted an assault. Bish. St. Cr., 3i3, et seq. See, also, 2 Dillon, 2ig; 6 Tex. Ct._ App., ‡63; ‡‡ Tex.,…
1Opinion of the CourtSmith, J.
The defendant was indicted for an assault upon the person of one Oxford, with intent to kill him, and was convicted of a simple assault. The evidence tended to prove that there was some ill-feeling between the parties; that they met at a country store, the defendant standing on a platform raised thirty inches above the ground and Oxford being on the ground at the distance of four or five feet from the edge of the platform; that the defendant cursed and abused Oxford, brandishing a barlow knife and threatening to cut out his heart; that Oxford was not at all alarmed, but invited the defendant…
2Cases cited6 opinions
- People v. LilleyMichigan Supreme Court · 1880
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
- State v. ShepardSupreme Court of Iowa · 1859
- Chapman v. StateSupreme Court of Alabama · 1885
- State v. SwailsIndiana Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hunt v. StateSupreme Court of Arkansas · 1914
- Anderson v. StateSupreme Court of Arkansas · 1905
- Griffin v. StateSupreme Court of Arkansas · 1970
- Jones v. StateSupreme Court of Arkansas · 1909
- Wells v. StateSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.