Battery

^ The unlawful beating of another. 3 Any unlawful touching of the person of another, either by the aggressor or by any person or thing set in motion by him.< The least touching of another's person willfully, or in anger, is a battery. The law cannot draw the line between different degrees of violence, and therefore prohibits the first and lowest stage of it — every man's person being sacred and no other having a right to meddle with it in the slightest manner.^ In assessing damages the degree of violence is taken into account. See Beat. Every *^' battery " includes an " assault." The two offenses are joined in indictments, and the assault alone may be proved. Whence " assault and battery," which is — simple, wnen a mere touching or beating is intended; aggravated, when grievous bodily harm is inflicted, as by breaking a limb or disfiguring the face; felonious, when death is designed, or sei'ibus wounding- with, intent to commit a felony, when the end sought is a felony, at common law or by stat ute." See Assault, While "battery " includes "assault," it does not include " an assault with a deadly weapon with intent to commit bodily harm." ^ A battery may be lawful or justifiable, or unlawful. It is lawful: (l)when committed under authority, as by an officer in order to preserve the peace,' or by a parent, master, teacher, or military officer, each of whom may correct moderately; (2) when in self-defense; that is, of self, wife, husband, child, parent, servant; (3) when -in defense of onp's own goods or possession. It is unlawful: (1) when it originates in malice — is committed in an angry, spiteful, insolent, or rude manner; (2) when it is the result of censurable carelessness.** A trespasser who uses force raiay be summarily ejected. A person assailed need not wait till a blow has been dealt him. At the same time resistance must not exceed the degree of necessary defense — for it is thelaw that punishes. Any resistance in the offender to justifiable apprehension becomes a new battery." Whatever is attached to the person pai-takes of its inviolability: as, the skirt of the coat or dress, an object in the hand. ' See generally United States v. Gibert, 2 Sumn. 68 (1834), Story, J. 3 L. batuere, to beat. " 3 Bl. Com. 120. * 1 Saund. PI. & Ev. *141; Kirland v. State, 43 Ind. 163 (1873); 3 Cooley, Bl. Com. 120, note. ' 8 Bl. Com. 120; Johnson v. State, 17 Tex. 517 (1856). » See 4 Bl. Com. 216; 13 Allen, 817; 17 F. E. 266. ' People i;, Helbing, 61 Cal. 621 (1883). To strike the horse which another person rides or drives is an assault. The owner is liable for a battery when his horse, left near a sidewallc, bites or kiclts a passer-by. The remedy in a civil court is an action of trespass vietarmisiot damages; in a criminal court, indictment-for assault and battery for the public wrong. ^ While it is no defense to a civil action for an assault and battery that the acts complained of were committed in a fight engaged in by mutual consent, such consent may go in mitigation of the damages.^ See Abbt; Arrest, 2; Defense,!; Duress; Force; Manus, Mo Uiter; Injury; Provocation; Wound.