State v. Lewis
New York Court of General Session of the Peace
The prisoner was indicted at this term for assault and battery. At the trial proof was offered tending to show that on March 14,1903, while the prosecuting witness, Mrs. Lucy Hallett, with her husband and her sister, were walking along a public road between Middletown and Odessa, a team containing the defendant (a colored man) and five colored women, and being either driven by or under the control of the defendant (the testimony being conflicting upon the point as to who was…
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The prisoner was indicted at this term for assault and battery. At the trial proof was offered tending to show that on March 14,1903, while the prosecuting witness, Mrs. Lucy Hallett, with her husband and her sister, were walking along a public road between Middletown and Odessa, a team containing the defendant (a colored man) and five colored women, and being either driven by or under the control of the defendant (the testimony being conflicting upon the point as to who was driving at the time of the accident), came up behind the prosecuting witness and that the horse’s head struck her upon…
1Opinion of the Court
Lore, C. J.,
charging the jury:
Gentlemen of the jury:—Howard Lewis, the defendant in this case, is charged with an assault and battery.
An assault is an attempt to do violence to the person of another with the means at hand of carrying that intention into execution. The battery is the actual infliction of the injury, however slight that may be.
If you should find from the evidence in this case that the horse which was attached to the wagon was wilfully or intentionally driven into, or forced in contact with, the person of Mrs. Lucy Hallet on the occasion which is charged in this indictment, by…
2Cited by7 opinions
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- Davis v. CommonwealthSupreme Court of Virginia · 1928
- J. A. T. v. StateCourt of Appeals of Georgia · 1975
- People v. VasquezCalifornia Court of Appeal · 1927
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