Hammond v. State

Only the first headnote needs elaboration. The accusation charged “ the offense of misdemeanor,” for that the accused did “ in the county and State aforesaid, with force and arms and unlawfully, make an assault upon Annie Hammond, his wife, with a certain chair, and her, the said Annie Hammond, did then and there unlawfully whip and beat with said chair.” This accusation is broad enough to cover a charge either of “ assault and *681battery ” or of “ wife beating.” It embodies all the essential elements of each of these offenses. “ Battery is the unlawful beating of another.” “ If a man shall…