Samuels v. State

Archie Samuels was convicted of assault and battery. He moved for a new trial, upon the grounds that the verdict was contrary to law and the evidence, and because the court erred in charging the jury as follows: “On the issue of assault and battery, abusive language, without more, will not be a valid, legal defense to a battery with a rock, or other instrument of a like kind, where the battery is sufficiently excessive to satisfy the jury that the person inflicting it intended to commit and did commit a serious physical injury upon the person beaten, such as the breaking or crushing of the…