People v. Pettit
New York Supreme Court
THIS cause came before the court, ott the return to a writ of .error, to the general sessions of the county of Rensselaer.
Read the full summary
THIS cause came before the court, ott the return to a writ of .error, to the general sessions of the county of Rensselaer. The indictment returned against the defendant stated, that the defendant, at, &c. with force of arms, .to wit, with knives, hatchets, and tomahawks, in and upon Elijah Guppin, of, See. in the peace of the people, then and there being, did make an assault, and with intent to commit murder upon the said Elijah, did then and there cut, beat, strike, wound, and evil treat him the said Elijah, and other wrongs to the said Elijah, then and there did, to the damage of the said…
1Per curiam
The intent to commit murder was here charged in the words of the statute, and we think that was sufficient. The indictment is for an assault and battery, and the quo animo was to be collected from the circumstances. It was enough to state, with the usual precision, the facts requisite to constitute an assault and battery, and to aver the intent with which it was made. This intent might have been inferred and proved, from the declarations of the defendant previous to the assault. The indictment required no other facts than were necessary to establish an assault and battery. The crime charged…
2Cited by6 opinions
- People v. . SantoroNew York Court of Appeals · 1920
- State v. GarveySupreme Court of Minnesota · 1866
- State v. DaleySupreme Court of Vermont · 1869
- Stuckmyer v. StateIndiana Supreme Court · 1867
- State v. Frisbee.Supreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.