People v. Mummert

The defendant has heen convicted of the crime of assault in the third degree upon an information that he willfully, wrongfully and unlawfully violated the Penal Law (§ 244, subd. 1) by beating one Lester Hankinson, Jr., of the age of ten years upon his buttocks with a stick without just cause or provocation.

In order to convict a defendant of criminal assault it is of course incumbent' upon the prosecution to prove beyond a reasonable doubt the commission by him of a willful and intentional assault.

In this case, the defendant is the principal of the school wherein the child in question was a…