Moore v. State

(after stating the facts as above). On the foregoing facts, eliminating the ■ stock instructions, the trial court in applying the law to the issues gave the following:

“(3) You are instructed that an ‘assault’ is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. A ‘battery’ is any willful and unlawful use of force or violence upon the person of another. To use or attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases:

“First. When necessarily committed by a public officer in the…