2 Morr. St. Cas. 1369
Decided July 1, 1872
Mississippi Supreme Court · decided 1872-07-01
Cothran, J. The instructions asked by the defendant, and refused, are based upon the idea that there must have been an intent to commit a battery. Held: were cases in which there was a declared intention not to do harm at the time. The present case is one of a different character.
Cited by 2 later decisions — most recently September 1922
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1872-07-01
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¶1dissenting:
¶2I do not concur in the doctrine stated in the opinion of the ■court.
¶3I am of opinion that if a party make an advance upon another armed with a dangerous weapon, likely to produce great bodily injury, and in a hostile attitude, to all appearance indicating an intention to do the other party great bodily harm, that it is in law an assault, though the party did not mtend to do the party any bodily injury: