battery

Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a human being without his consent. 2 Bish. Crim. Law, § 62; 17 Ala. 540; 9 N. H. 491. It includes every touching of another in a rude, angry, or hostile manner. 65 Ala. 520; 53 111. Ill; 67 Ind. 304. BATTURE (Fr. shoals, shallows). An elevation of the bed of a river under the surface of the water; but it is sometimes used to signify the same elevation when it has risen above the surface. 6 Mart. (La.) 19, 216. The term "battures" is applied principally to certain portions of the bed of the river Mississippi, which are left dry when the water is low, and are covered again, either in whole or in part, by the annual swells.

Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a huiiiau being without his consent. 2 Bish. Cr. L. § 71; Clark, Cr. L. 199; Long v. Rogers, 17 Ala. 540; Pike v. Hanson. 9 N. II. -JUL • An unlawful touching the person of another by the aggressor himself, or any other substance put in motion by him; Kirland v. State, 43 Ind. 153, 13 Am. Rep. 386. The slightest touching of another in anger is a battery; Goodrum v. State, 60 Ga. 511. It must be either wilfully committed, or proceed from want of due care; Stra. 596; Plowd. 19; Bullock v. Babcock, 3 Wend. (N. Y.) 391. Hence an injury, be it ever so small, done to the person of another in an angry, spiteful, rude, or insolent manner; Com. v. Wing, 9 Pick. (Mass.) 1, 19 Am. Dec. 347; as by spitting in his face; 6 Mod. 172; or on his body; 1 Swint. 597; or any way touching him in anger; 1 Russell, Cr. 751; Johnson v. State, 17 Tex. 515; or throwing water on him; 3 N. & P. 564; or violently jostling him; see 4 H. & N. 4S1; or where one riding a bicycle recklessly runs against a person standing with his back partially towards him, when by the exercise of slight care it could be avoided; Mercer v. Corbin, 117 Ind. 450, 20 N. E. 132, 3 L. R. A. 221, 10 Am. St. Rep. 76; is a battery in the eye of the law; 1 Hawk. PI. Cr. 263. And anything attached to the person partakes of its inviolability: if, therefore, A strikes a cane in the hands of B, it is a battery; Respublica v. De Longchamps, 1 Dall. (U. S.) 114, 1 L. Ed. 59; State v. Davis, 1 Hill (S. C.) 46; Rich v. Hogeboom, 4 Denio (N. Y.) 453; United States v. Ortega, 4 Wash. C. C. 534, Fed. Cas. No. 15,971. Whether striking a horse is striking the driver, see Kirland v. State, 43 Ind. 146, 13 Am. Rep. 3S6. A battery may be justified on various accounts. As a salutary mode of correction. A parent may correct his child (though if done to excess, it is battery); Com. v. Coffey, 121 Mass. 66; Neal v. State, 54 Ga. 2S1; Smith v. Slocum, 62 111. 354; a guardian his ward; Stanfield v. State, 43 Tex. 167; a master his apprentice; 24 Edw. IV.; Com. v. Randall, 4 Gray (Mass.) 36; State v. Pendergrass, 19 N. C. 365, 31 Am. Dec. 416; a teacher his N. C. 322: Starr v. Liftchild, 40 Bar'. Y.) 511; Marlsbary v. State, 10 Ind. App. 21, 37 N. E. 558; and a superior officer, one under his command; Keilw. 136; Buller, N. P. 19; Pee, Adm. 161; Flemming v. Ball, 1 Bay (S. C.) 3; Brown v. Howard, 14.1 (N. Y.) ll!); Sampson v. Smith, 15 I 365. And see Cowp. 173; Uanneu v. I 15 Mass. 347; 3 C. & K. 142; but a mi ordinarily, not his servant; Com. v. Baird, 1 Aslnn. (Pa.) 267; Davis v. State. 6 App. 133; and the mate of a it has il right to enforce his order ing one of the crew; The General Rucker,:. 152. See Assault: Beat; i tion. Doubtless these cases, or some of them, would hardly now be followed. As a incut- of preserving the peace, in the exercise of an oltice, under process of court, and in aid of an authority at law. See Arrest. As a necessary means of defence of the person against the plaintiffs assaults in the following instances: in defence of himself, his wife, 3 Salk. 46, his child, and his servant. 0\v. 1-50 (but see 1 Salk. 407); but he is not justified in using force against a man to prevent his wife leaving him at the persuasion of such other; State v. Weathers, 98 N. C. 6S5, 4 S. E. 512. So, likewise, a p may defend any member of his family against an assault as he could himself, the wife may justify a battery in defending her husband, the child its parent, and the servant his master; 3 Salk. 46; Com. v. Malone, 114 Mass. 295; Smith v. Slocum, 62 111. 354; Patten v. People, IS Mich. 314, 100 Am. Dec. 173; State v. Greer, 22 W. Ya. S00; Staten v. State, 30 Miss. 619; Webb, Poll. Torts. 255. In these situations, the party need not wait until a blow has been given; for then he might come too late, and be disabled from warding off a second stroke or from protecting the person assailed. Care, however, must be taken that the battery do not exceed the bounds of necessary defence and protection; for it is only permitted as a means to avert an impending evil which might otherwise overwhelm the party and not as a punishment or retaliation for the injurious attempt; Stra. 593; 1 Const. S. C. 34; Watrous v. Steel. 4 Yt. 629. 24 Am. Dee. Shain v. Markham. 4 J..7. Marsh. (Ky.) 57S, 20 Am. Dec. 232; Poll. Torts 255. The degree of force necessary to repel an assault will naturally depend upon, and he proportioned to, the violence of the assailant; hut with this limitation any degree is jus ble; 1 Rd. Raym. 177; Young v. State, 11 Humphr. (Tenn.) 200; Shorter v. People. 2 N. Y. 193, 51 Am. Dec. 286; Stewart v. State, 1 Ohio St. 66; Holmes v. State. 23 Ala. 17; Carroll v. State. 23 Ala. 28, 58 Am. Dec. 2S2; Rapp v. Com.. 14 B. Monr. (Ky.) 614; Camp- Evidence justifying an assault and battery is not admissible under a general denial; Hathaway v. Hatcbard, 1G0 Mass. 29G, 35 N. B. 857. A battery may likewise be justified in tbe necessary defence of one's property; State v. Miller, 12 Vt 437; Filkins v. People, G9 N. Y. 101, 25 Am. Rep. 143. If tbe plaintiff is in tbe act of entering peaceably upon tbe defendant's land, or, baving entered, is discovered, not committing violence, a request to depart is necessary in the first instance; 2 Salk. 641; Abt v. Burgbeim, 80 111. 92; see Low v. Elwell, 121 Mass. 309, 23 Am. Rep. 272; Townsend v. Briggs, 99 Cal. 4S1, 34 Pac. 116; and if the plaintiff refuses, the defendant may tbeu, and not till then, gently lay bands upon tbe plaintiff to remove him from the close, and for this purpose may use, if necessary, any degree of force short of striking the plaintiff, as by thrusting him off-; Skinn. 28. See Everton v. Esgate, 24 Neb. 235, 38 N. W. 794. If the plaintiff resists, the defendant may oppose force to force; Com. v. Clark, 2 Mete. (Mass.) 23; 1 C. & P. 6. But if the plaintiff is in the act of forcibly entering upon the land, or, having entered, is discovered subverting the soil, cutting down a tree, or the like, 2 Salk. 641, a previous request is unnecessary, and the defendant may immediately lay hands upon the plaintiff; 8 Term 78. A man may justify a battery in defence of his personal property without a previous request, if another forcibly attempt to take away such property; 2 Salk. 641. One from whom property has been wrongfully taken may regain the momentarily interrupted possession by the use of reasonable force, especially after demanding possession; Com. v. Donahue, 148 Mass. 529, 20 N. E. 171, 2 L. R. A. 623, 12 Am. St. Rep. 591.

Any unlawful beating or other wrongful physical violence or constraint, inflicted on a human being without his consent 2 Bish. Crim. Law, § 71; Good-rum v. State, 60 Ga. 511; Razor v. Kinsey, 55 III. App. 614; Lamb v. State, 67 Md. 524, 10 Atl. 209, 298; Hunt v. People, 53 111. App. 112; Perkins v. Stein, 94 Ky. 433, 22 S. W. 649, 20 L. R. A. 861. And see Beat. A battery is a willful and unlawful use of force or violence upon the person of another. Pen. Code Cal. § 242; Pen. Code Dak. § 306. The actual offer to use force to the injury of another person is assault; the use of it ls battery; hence the two terms are commonly combined in the term "assault and battery."

— Simple battery. In criminal law and torts. A beating of a person, not accompanied by circumstances of aggravation or not resulting in grievous bodily injury.

The unlawful beating of another; any unlawful, wilful or unduly careless touching of the person of another, either by the aggressor himself, or by anything put in motion by him. Bannc, banck, L. fr. Bench; the bench; the court so called. v. Bancke; Bancus; Bank. Bawd. A person who procures opportunities for illicit sexual commerce; a procurer or procuress. Bawdy-house. A house kept for the purposes of prostitution; a house of ill-fame.

<Any unlawful beating, or other wrongful physical violence or con straint, inflicted on a human being without his consent. 2 Bish. Crim. Law, § 71. A battery is a willful and unlawful use of force or violence upon the person of another. Pen, Code Cal. § 242; Pen. Code Dak. § 306. The actual offer to use force to the injury cf an other person is assault; the use of it is battery; hence the two terms are coummonly combined in the term “assault and 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.

The physical injury of one person by another; usually employed, in connection with assault, of unlawful injury.

[L. Lat. batteria, from battere, (q. v.) Lat. verberatio, pulsatio.] The unlawful beating of another. 3 Bl. Com. 120. Any unlawful touching of the person of another, either by the aggressor himself, or any other substance put m motion by him, provided it be wilfully committed, or proceed from the want of due care. 3 Chit. Bl. Com. 120, note. Com. Dig. Battery, (A). Skin. 387. 1 Saund. 14, note (c). Am. ed. 1846. Jlob. 134. 1 Russell on Crimes, 761. U. S. Digest, Assault and Battery. Every battery includes an assault. Hawk, P. a. b. 2, c. 62, § 1.