132 Ala. 11
Decided February 6, 1902
Supreme Court of Alabama · decided 1902-02-06
Tried before Hon. John H. Bisque. The appellant was tried and convicted for an assault and battery. The witness for the State testified that defendant came to her house and came in without knocking, and asked where her husband was, saying thait he wanted to sell Mm a gun. She told the defendant where her husband was, and defendant came to the fire where she ivas sitting and sat down.
Relies on Balkum v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1902-02-06
Cited by 10 later decisions — most recently March 1976
2 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1“If a man takes improper liberties with, the person of a female, or indecently fondles her without her will and consent, he is guilty of an assault and battery.”—1 McClain’s Crim. Law, § 238; 2 Am. & Eng. Ency. Law (2d ed.), 975; Balkum v. The State, 115 Ala. 117.
¶2Under the undisputed evidence in the case, the defendant was guilty of an assault 'and battery on the person of the party on whom the offense was committed, and the court properly so found.
¶3Affirmed.