El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-19
Some Recent Interesting Decisions
Of the Courts.

ton referred to the wrong section OF
the statute, but the court held that
this old not render the information
invalid: and the court further b cid
that the complains was not void by tn
failure of the justice to sign the
jnrat. where it appeared that the com
plaining witness was sworn to the
com plsint, and was examined on oath
touching the matters charged in the
com olsint People VS.. Lane, 7 Det.
L. N. 206
Legal Status of making Faces"
A man canuot commit assault and
battery on another simply because the
latter makes faces at him, held the
supreme court of Georgia in Benlipg
vs.. State (36, S. E. Rep, S4). I'VE
the court, (which would justify an as
sault and battery on account of mere
grimaces or facial expressions, even if
the idea Of contempt ard insult could
be inferred from such conduct, and
certainly no such defense existed at
common law"
In this case the defendant, Behling,
was indicted and convicted for assault
and battery on one Lively. The ev-
idepce showed that while Behling and
Lively were aboard a street car, Beh-
lent assault upon Lively, striking and
wOunding him in the face with an UNI
brells Behling stated that there was
an i'll feeling between him and Lively,
and that three or four times before the
difficulty Lively had made.grimaces and
facial expressions Of contempt toward
him. On the occasion of the difficulty
he stated tina. Lively again commenced
m ,king grimaces land then 1t hap
pened."
What Constitutes An "Attempt."
In the whole range of the criminal
law there is probably nothing more
difficuit TO define than 'au attempt"
to commit q crime. A recent case at
the Old Bailey (England) furnishes an
example of the difficulty. In Reg. VS..
Maddox the prisoner WAS indicted for
attempting TO commit arson. It was
proved that be had placed a guam
tity of iniammabl BILE substances on the
floor of q certain house, saturated them
with methylated spirits, and placed a
freshly trimmed candle, in the midst.
AS he had not lighted the candle 1t
was argued on q motion to Quash
that the prisoner had merely made
preparation to commit a felony, and
had not gone far enough for his act to
constitute an attempt in law; and that
prisoner must be shown to have done
the last act depending upon himself,
with the intention of committing the
offense. Ga the 9th err hand it was con-
tended that the acts of the prisoner
clearly showed what his intention was,
and were sufficiently proximate to the
commission of the offense to amount to
an attempt. Lawrence, j.: quashed the
Indictment and refused to state the
case 90 the ground that as something
remained To be done by the prisoner,
aud there was no interruption, what
he did WAS not an attempt. IA
S. j., 444 Opposed to this
decision vi Lawrence, j., is
that in the case of Reg. We. Roberts
Dears. 539). Here the prisoner had
procured from an innocent agent dies
for the purpose of making certain
counterfeit foreign coins, and it was
held that tt prisoner was rightfully
convicted of attempting to make such
coins Parke. J., said: "An attempt
is not an indictable offense unless it Is
an act directly spDroximating to the
commission Of an offense, aud 1 thiok