United States v. Gallagher
U.S. Circuit Court for New York
The prisoner was indicted under the twenty-second section of the crimes act of March 3, 1825 (7 Bior. & D. Laws, 40.1 .[4- Stat. 115]). The indictment charged “that the prisoner, [James] Gallagher, on the high seas, with a dangerous weapon called a tormentor, (being a meat-hook,) held in his right hand, in and upon Isaiah Hartless did make an assault." &c.
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The prisoner was indicted under the twenty-second section of the crimes act of March 3, 1825 (7 Bior. & D. Laws, 40.1 .[4- Stat. 115]). The indictment charged “that the prisoner, [James] Gallagher, on the high seas, with a dangerous weapon called a tormentor, (being a meat-hook,) held in his right hand, in and upon Isaiah Hartless did make an assault." &c. Moved, in arrest of judgment, that the indictment was bad, in not charging the assault to have been committed “feloniously,” or with an intent to perpetrate a felony; that the mere use of a dangerous weapon, abstracted from the “intent”…
1Opinion of the Court
NOTE. In North Carolina, the court may inflict a fine only upon one convicted of an assault and battery, with intent to kill: they are not bound to imprison. State v. Roberts, 1 Hayw. (N. C.) 176. If one man deliberately kills another, to prevent a mere trespass on his property, whether that trespass could or could not be otherwise prevented, it is murder; and cmi-sequently an assault with intent to kill, cannot be justified, on the ground that it was necessary to prevent trespass on property. State v. Morgan, 3 Ired. 186. A man shall not even in de-fence of his person or property, except in…
2Cases cited7 opinions
- Turnipseed v. StateSupreme Court of Alabama · 1844
- Nancy v. StateSupreme Court of Alabama · 1844
- State v. BurnsSupreme Court of Alabama · 1845
- Carrico v. StateSupreme Court of Missouri · 1848
- Hughes v. StateSupreme Court of Alabama · 1847
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