Caldwell v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The offense created by section 5 of chapter 63, of the General Laws of the 39th Legislature, makes penal him who, acting in concert with others, masked or in disguise, “shall assault or shall falsely imprison any other person.” Examination of article 1169, P. C., defining false imprisonment, reveals that one element of said offense is, by an assault; and in Judge Willson’s Criminal Forms, 486, he lays down the making of an assault as one of the things to be alleged in charging the offense of false imprisonment. It seems clear to the writer that in…