Russell v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. Pittman, Judge. Russell was indicted for an assault with intent to kill. The indictment, omitting the usual commencement, is as follows: “ The said J. M. Russell, in said county, on the 29th day of September, 1888, upon one James Sharp, with a certain knife, feloniously, wilfully and of his malice aforethought, did make an assault, with intent him, the said James Sharp, then and there feloniously, wilfully and of his malice…
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APPEAL from Washington Circuit Court. J. M. Pittman, Judge. Russell was indicted for an assault with intent to kill. The indictment, omitting the usual commencement, is as follows: “ The said J. M. Russell, in said county, on the 29th day of September, 1888, upon one James Sharp, with a certain knife, feloniously, wilfully and of his malice aforethought, did make an assault, with intent him, the said James Sharp, then and there feloniously, wilfully and of his malice aforethought, to lcill and murder then and there, no considerable provocation appearing against the peace and dignity of the…
1Per curiam
Assault: Indictment. In an indictment for an assault with intent to kill and murder, it is hot necessary to pursue the terms of the statutory definition of an assault. It is.sufficient to allege that the assault was committed in the manner and with the intent necessary to constitute the offense, without expressly averring “ the present ability ” necessary to constitute the assault. The word assault or assaulted used in such connection'means all the statute defines an assault to be. Bishop on Statutory Crimes (2 ed.), sec. 514; Butler v. State, 34 Ark., 480; Lacefield v. State, ib., 275;…
2Cited by1 opinion
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