Cases On Criminal Law. a Collection of Reported Cases On Some of the Leading Heads of the Criminal Law. Prepared for Use in the Law School of Harvard University
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It is not the secret intent of the assaulting party nor the undisclosed fact of his ability or inabilitj' to commit a battery, that is material ; but what his conduct and the attending circumstances denote at the time to the partj- assaulted. If to him they indicate an attack, he is justi - fled in resorting _t o defensij ge action. The same rule applies to the proof necessary to sustain a criminal complaint for an assault. It is the outward d e monstration that constitutes the mis chief-ghich ...is pua- iihid as a breach of the pea ce.' Mcceptions overruled.
COMMONWEALTH v. STRATTON, 114 Mass. 303 [1873].
Indictments, each charging that the defendant, upon a certain young woman in the indictment named, made an assault and administered to her a large qua.ntitj' of cantharides, " the same being . . . a deleterious and destructive drug," with intent to injure her health, whereby she became sick, and her life was despaired of Both cases were tried together.
It appeared at the trial in the Superior Court, before Devens, J., that the defendant, in company with another young man, called upon the young women in the indictments named, and during the call offered them some figs, which they ate, they having no reason to suppose that the figs contained any foreign substance ; that a few hours after, both young women were taken sick and suffered pain for some hours ; that the defendant and his companion had put into the" figs something they had procured by the name of " love powders," which was represented by the person of whom they got it to be perfectly harmless.
What to read after Cases On Criminal Law. a Collection of Reported Cases On Some of the Leading Heads of the Criminal Law. Prepared for Use in the Law School of Harvard University?
You can find similar books in the "Read Also" column, or choose other free books by Chaplin Heman White to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It is not the secret intent of the assaulting party nor the undisclosed fact of his ability or inabilitj' to commit a battery, that is material ; but what his conduct and the attending circumstances denote at the time to the partj- assaulted. If to him they indicate an attack, he is justi - fled in resorting _t o defensij ge action. The same rule applies to the proof necessary to sustain a criminal complaint for an assault. It is the outward d e monstration that constitutes the mis chief-ghich ...is pua- iihid as a breach of the pea ce.' Mcceptions overruled.
COMMONWEALTH v. STRATTON, 114 Mass. 303 [1873].
Indictments, each charging that the defendant, upon a certain young woman in the indictment named, made an assault and administered to her a large qua.ntitj' of cantharides, " the same being . . . a deleterious and destructive drug," with intent to injure her health, whereby she became sick, and her life was despaired of Both cases were tried together.
It appeared at the trial in the Superior Court, before Devens, J., that the defendant, in company with another young man, called upon the young women in the indictments named, and during the call offered them some figs, which they ate, they having no reason to suppose that the figs contained any foreign substance ; that a few hours after, both young women were taken sick and suffered pain for some hours ; that the defendant and his companion had put into the" figs something they had procured by the name of " love powders," which was represented by the person of whom they got it to be perfectly harmless.
What to read after Cases On Criminal Law. a Collection of Reported Cases On Some of the Leading Heads of the Criminal Law. Prepared for Use in the Law School of Harvard University?
You can find similar books in the "Read Also" column, or choose other free books by Chaplin Heman White to read onlineMoreLess
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