State v. Creighton
Supreme Judicial Court of Maine
Exceptions by defendant. This was an indictment of the defendant for assault and battery under K.. S., c. 118, § 28. Before pleading thereto, the defendant first having reserved and been granted the right to plead over in case the indictment should be held sufficient, demurred to the indictment, which demurrer was joined and a hearing had.
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Exceptions by defendant. This was an indictment of the defendant for assault and battery under K.. S., c. 118, § 28. Before pleading thereto, the defendant first having reserved and been granted the right to plead over in case the indictment should be held sufficient, demurred to the indictment, which demurrer was joined and a hearing had. The presiding justice overruled the demurrer, granting at the same time special leave to the defendant to plead over in case the demurrer was not ultimately sustained, to which ruling the defendant excepted. INDICTMENT. Lincoln, ss. At the Supreme Judicial…
1Opinion of the CourtEmery, J.
The respondent demurs to the indictment against him for assault and battery, and shows for cause of demurrer (1) that the indictment does not describe the act charged as “unlawful;” and (2) that it does not describe the act as done in a “wanton, wilful, angry or insulting manner, having an intention and existing ability to do some violence;” these being words contained in the statute defining the offenses of assault and of assault and battery. R. S. (1883), c. 118, § 28.
The words omitted are not necessary to the validity of the indictment. They are all implied in the word “assault.” The…
2Cases cited1 opinion
- United States v. LuntDistrict Court, D. Massachusetts · 1855
3Cited by5 opinions
- State v. MannSupreme Judicial Court of Maine · 1976
- State v. ThibodeauSupreme Judicial Court of Maine · 1976
- Rell v. StateSupreme Judicial Court of Maine · 1939
- Wilson v. StateSupreme Judicial Court of Maine · 1970
- State v. BlaisSupreme Judicial Court of Maine · 1978