Russell v. State

Supreme Court of Arkansas

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

J. M. Pittman, Judge. Russell was indicted for an assault with intent to kill.

Cited by 1 later decisions — most recently March 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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Per Curiam.

¶1Assault: Indictment. In an indictment for an assault with intent to kill and murder, it is hot necessary to pursue the terms of the statutory definition of an assault. It is.sufficient to allege that the assault was committed in the manner and with the intent necessary to constitute the offense, without expressly averring “ the present ability ” necessary to constitute the assault. The word assault or assaulted used in such connection'means all the statute defines an assault to be. Bishop on Statutory Crimes (2 ed.), sec. 514; Butler v. State, 34 Ark., 480; Lacefield v. State, ib., 275; Robinson v. State, 5 Ark., 660; McCoy v. State, 8 Ark., 451.

¶2Judgment affirmed.