State v. Lockwood
New York Court of General Session of the Peace
The defendant was indicted at this term for assault with intent to commit murder, upon one Asbury Cannon, in May, 1897; at the defendant's house in Milford. The evidence showed that the said house occupied by the defendant and his wife and family was owned by the wife.
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The defendant was indicted at this term for assault with intent to commit murder, upon one Asbury Cannon, in May, 1897; at the defendant's house in Milford. The evidence showed that the said house occupied by the defendant and his wife and family was owned by the wife. That the prosecuting witness (who was the brother of Mrs. Lockwood) had been permitted by her to live in the house as one of the family, for a number of months without paying anything toward the support of the family. That Cannon was told by Lockwood to leave the house, which he refused to do, but took a chair and assumed a…
1Opinion of the Court
Lore, C. J.,
charging the jury:
Gentlemen of the jury:—George Lockwood, the prisoner at bar, is indicted for assault with intent to commit murder. The State in this case only asks, however, that the prisoner shall be found guilty of an assault. You are therefore relieved from any deliberations as to any intent to commit murder, if an assault was committed.
*78An assault is an attempt with violence to do an injury to another with the means at hand of carrying that purpose into execution.
The facts of this case are before you; you are the exclusive judges of the evidence, and are to say whether or not…
2Cases cited1 opinion
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- People v. HubbardCalifornia Court of Appeal · 1923
- Garboctowski v. StateSupreme Court of Delaware · 1923
- State v. RoanSupreme Court of Iowa · 1904
- Fox v. RothensiesCourt of Appeals for the Third Circuit · 1940
- Owens v. OwensCourt of Chancery of Delaware · 1958
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