State v. Malcolm
Supreme Court of Iowa
Appeal from the Lee District Court. The defendant was indicted, tried, and convicted for an assault, with intent to inflict great bodily injury.
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Appeal from the Lee District Court. The defendant was indicted, tried, and convicted for an assault, with intent to inflict great bodily injury. The testimony tended to show, that defendant was in a store-room, and while there, some words passed between him and Owen, the person assaulted; that defendant slid off the counter, with a bowie knife in his right hand, and threatened Owen with violence, when he was caught and held for some time; that Owen rQn, and was soon followed by the prisoner, with said knife in his hand; that he was caught while thus in pursuit; that while in the house, he was…
1Opinion of the Court
Wright, O. j.
The case of Stephens v. Myers, 19 Eng. Com. Law, 414, clearly sustains the instructions in this case. Says Tindal, 0. L: “ It is not every threat, when there is *415no actual violence, that constitutes an assault; in all cases, be the means of carrying the threat into effiü? The question I shall leave to you, will be, whether the defendant was advancing, at the time, in a threatening attitude, to strike, so that his blow would almost immediately have reached the plaintiff, if he had not been stopped ; then, though he was not near enough, at the time, to have struck him, yet, if he…
2Cases cited1 opinion
- Bradley v. StateMississippi Supreme Court · 1872
3Cited by16 opinions
- State v. CrandallSupreme Court of Iowa · 1939
- State v. MitchellSupreme Court of Iowa · 1908
- State v. DeboltSupreme Court of Iowa · 1897
- State v. ShaverSupreme Court of Iowa · 1923
- People v. TroyMichigan Supreme Court · 1893
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