State v. Thayer

ARCHIBALD, Justice.

The Defendant was indicted and convicted of high and aggravated assault and battery in violation of 17 M.R.S.A. § 201, 1 from which conviction he appealed. The appeal raises a single issue, namely: In determining whether an assault and battery is of a high and aggravated nature, is evidence of an intent to commit a felony a proper consideration for the fact finder, particularly in view of 17 M.R.S.A. § 202 ? 2

To reach the issue here involved in view of the facts of this case, it is necessary to review the history of our Assault and Battery Statute as well as the history of…