Legal Opinion

Cornelison v. Commonwealth

Court of Appeals of Kentucky

Decided December 11, 1886PublishedCited by 21 opinions

Case 78 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. X. There is no such statutory offense in Kentucky as assault and battery. If that offense exists in Kentucky, it is in virtue of the common law, and must be punished according to the common law. 2. A battery is an assault in which force is applied by material agencies to the person of another. (Stephens’ Dig. Crim. Law, art. 241; Wharton’s Am. Crim.

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Case 78 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. X. There is no such statutory offense in Kentucky as assault and battery. If that offense exists in Kentucky, it is in virtue of the common law, and must be punished according to the common law. 2. A battery is an assault in which force is applied by material agencies to the person of another. (Stephens’ Dig. Crim. Law, art. 241; Wharton’s Am. Crim. Law, sec. 017.) 3. At the common law, assault and battery was divided into two classifications — a common assault and an assault with intent to commit a felony. Each and both classes were…

1Opinion of the Court · PbyobChief Justice Pbyob

The following indictment was returned into court by the grand jury of Montgomery county, charging that the appellant, John J. Cornelison, did “unlawfully, willfully and maliciously, and with the intent to wound and kill Richard Reid, on and upon the person of said Reid make an assault and battery with a cane, stick and cowhide, and did then and there unlawfully, willfully and maliciously, with the intent aforesaid, strike, beat, bruise and wound him, the said Reid, with a cane, stick and cowhide, and inflict upon his head and body grievous and dangerous blows, whereby the said Reid was…

Also in this document: Opinion of the Court · Robertson.

2Cases cited4 opinions

  1. Commonwealth v. BrightCourt of Appeals of Kentucky · 1880
  2. Commonwealth v. MillerCourt of Appeals of Kentucky · 1837
  3. Dickerson v. CommonwealthCourt of Appeals of Kentucky · 1867
  4. Chandler v. CommonwealthCourt of Appeals of Kentucky · 1866

3Cited by21 opinions

  1. Rell v. StateSupreme Judicial Court of Maine · 1939
  2. Ireland v. StateCourt of Appeals of Maryland · 1987
  3. Weber v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
  4. State of Wyo. v. Cleveland BrownWyoming Supreme Court · 1944
  5. May v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1955

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