Berkeley v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Charlotte county, rendered October 4th, 1890, affirming judgment of county court of said county in accordance with the verdict of the jury at the trial of an indictment against the plaintiff in error, William M. Berkeley, for an assault on one R. C. Price, whereby he was found guilty and fined thirty-five dollars.
1Opinion of the CourtHinton, J.
The judgment appealed from is manifestly unsupported by the evidence. The defendant was prosecuted for an assault.
“ An assault,” says Mr. Davis, “ is an attempt or offer, with force and violence, to do some bodily hurt to another, whether *1018from wantonness or malice, by means calculated to produce the end if carried into execution — as by striking at him with a stick or other weapon, or without a weapon, though he be not struck, or even by raising up the arm or a cane in a menacing manner, * * * * or any similar act accompanied with circumstances denoting an intention, coupled with a present…
2Cited by12 opinions
- Harper v. CommonwealthSupreme Court of Virginia · 1955
- Carter v. Com.Supreme Court of Virginia · 2005
- Lynch v. CommonwealthSupreme Court of Virginia · 1921
- Carter v. CommonwealthCourt of Appeals of Virginia · 2004
- Simmons v. Norfolk & Western Railway Co.District Court, W.D. Virginia · 1990
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