Smith v. State
Mississippi Supreme Court
Error to Yalobusha circuit court. Cothran, J. The instructions asked by the defendant, and refused, are based upon the idea that there must have been an intent to commit a battery. The point upon which the question turns is the intent or purpose of the party charged with the assault.
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Error to Yalobusha circuit court. Cothran, J. The instructions asked by the defendant, and refused, are based upon the idea that there must have been an intent to commit a battery. The point upon which the question turns is the intent or purpose of the party charged with the assault. The court below entertained a different view of tbe case, and refused to give the third instruction asked for the defendant, “ That no threat of words or act can constitute an assault, if the jury believe there was no intention to strike.” The law sustains every instruction asked by the defendant. “ The act must…
1Opinion of the Court
Smith, C. J.:
This was a conviction for an assault, in the circuit court, Yalobusha county.
The defendant pleaded not guilty; and, on the trial, it was proved by the only witness examined in the cause, that he went to defendant’s house to levy an execution, and when he arrived there, that he found defendant at the grindstone, grinding his knife. When the witness made known the purpose of his visit, the defendant swore he should not levy the execution, and threatened, if he did, to cut his throat. Witness leaned up against the fence in a careless manner, and defendant walked Up to witness in an…
2Cases cited1 opinion
- Schermerhorn v. SchermerhornNew York Supreme Court · 1828
3Cited by3 opinions
- Hairston v. StateMississippi Supreme Court · 1877
- Berry v. StateSupreme Court of Georgia · 1898
- Blankenship v. StateMississippi Supreme Court · 1922