State v. Hamburg

Harrington, J.,

charged the jury in part as follows:

*64An assault is usually defined to be any unlawful attempt or offer with force and violence to do injury to the person of another, with such apparent present possibility of carrying out such attempt as to put the person against whom the attempt was made in fear of personal violence.

A battery is the consummation of such unlawful attempt; that is to say, it is the unlawful use of physical violence by one person toward another.

Generally speaking, a wrongful intent is essential in a criminal prosecution for assault and battery, though such intent…