Legal Opinion

Pratt v. State

Supreme Court of Arkansas

Decided May 15, 1887PublishedCited by 6 opinions

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

  1. People v. LilleyMichigan Supreme Court · 1880
  2. Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
  3. State v. ShepardSupreme Court of Iowa · 1859
  4. Chapman v. StateSupreme Court of Alabama · 1885
  5. State v. SwailsIndiana Supreme Court · 1857

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3Cited by6 opinions

  1. Hunt v. StateSupreme Court of Arkansas · 1914
  2. Anderson v. StateSupreme Court of Arkansas · 1905
  3. Griffin v. StateSupreme Court of Arkansas · 1970
  4. Jones v. StateSupreme Court of Arkansas · 1909
  5. Wells v. StateSupreme Court of Arkansas · 1913

1 more not listed; retrieve them via the Exa API.

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