Legal Opinion

Woods v. State

Court of Special Appeals of Maryland

Decided March 7, 1972No. 468, September Term, 1971PublishedCited by 20 opinions

1Opinion of the CourtPowers, J.

The Crime of Assault and The Crime of Battery

The common law crime of assault was described by Blackstone 1 as “an attempt or offer 2 to beat another, without touching him * * *.” The same author wrote that the crime of battery “* * * is the unlawful beating of another.”

In his work on Crimes and Criminal Procedure, (Second Edition) Hochheimer, in § 254, defines assault:

“Any attempt unlawfully to apply the least actual force to the person of another constitutes an assault. The attempt is made whenever there is any action or conduct reasonably tending to create the apprehension 3 in another,…

2Cases cited23 opinions

  1. Williams v. StateCourt of Special Appeals of Maryland · 1968
  2. Roberts v. Warden of Maryland PenitentiaryCourt of Appeals of Maryland · 1955
  3. Veney v. StateCourt of Appeals of Maryland · 1968
  4. Mitchell v. StateCourt of Appeals of Maryland · 1896
  5. Kellum v. StateCourt of Appeals of Maryland · 1960

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

3Cited by20 opinions

  1. Ford v. StateCourt of Appeals of Maryland · 1993
  2. Lamb v. StateCourt of Special Appeals of Maryland · 1992
  3. State v. DuckettCourt of Appeals of Maryland · 1986
  4. State v. BoudreauSupreme Court of Rhode Island · 1974
  5. United States v. Tommie BellCourt of Appeals for the Seventh Circuit · 1975

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

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