The copper era and Morenci leader., 1913-07-04
POPULAR TALKS ON
LAW
ASSAULTS AND BATTERIES.

BY Walter K. Towers, A. B., J. D., OF
the Michigan Bar.
Many are the happenings of every
day life that might, under strict rules
of law, be held to be assault and bat
terry, if the persons involved chose to
bring the matter to the attention of a
court Enough are taken up by ag
grieved parties, who choose to press
their claims before the law. to make
actions for assault and battery fire.
quent indeed So, an action for as
sault and battery is likely to happen
within the experience of any of us.
The victim of more than one ''practi-
cal joke has failed to view the mat
ter Sas a Joke" and recovered dam
ages against the joker, whom the law
held to be guilty of an assault and
battery. Not infrequently an angry
assailant, though he fails to reach the
man upon whom he would vent mis-
wrath, finds that he must pay dam
ages to the person whom he failed to
touch, because he has committed
technical assault. So, too, the INST
fight of ancient origin brings forth an
action for assault and battery-civil
or criminal.
A criminal action is one undertaken
by the public prosecutor-though pos
sibly at the instance of the aggrieved
party-to punish the offender for his
affront to the peace and dignity or
the state in creating a disturbance.
The action is taken in the name of.
the state, and if the offender is found
guilty the result is punishment-a
fine, which the state receives or i'm
prisonment The civil action, on the
other hand, is a private action taken
by the aggrieved party, in which ne
moves in his own name by his own
attorney if he is successful he re-
covers damages to recompense him
for the injuries he has suffered, and
these are paid to him. The same list
fight may be both a crime against the
state and a private wrong against the
individual The state may punish
the aggressor for his crime against
it's peace and dignity, and the private
] citizen also bring separate and DIS
J tinct private suit in his own behalf
to recover damages. 1t is the private
action by the individual to secure
recompense for the. injuries he has
J suffered that is of the most immediate
: concern to the average individual, and
it is the circumstances that give rise
to this civil action that we will discuss
here. The grounds of criminal liza
bility are not dissimliar, in most
states, though criminal conviction
for assault and battery is more diff
cult to secure than damages in vindi-
cation of a private wrong
Though generally used together as
sault and battery are two distinct
things. There may an assault without
any battery though a battery is usual
ly accompanied by an assault. Thus
Mortin was walking along the foot
: path by the side of the road, when
Shoppee, who had threatened him in
: the past, came riding from behind
mounted on his horse. Shoppee rode
straight at Mortin in a most threat
ening manner, and Mortin, by des
Q perate running, just managed to keen
. ahead until he could turn into the
1 garden gate. Shoppee sat his horse
without, inviting Mortin to come out
3 and be licked" Mortin sued Shop
4 pee for assault and recovered, al
1 though he had not been touched
3 These hostile demonstrations, which
threaten immediate bodily harm to an
other and put him in reasonable feaI
of his personal safety amount to an
3 assault in law, although the assail
J ant does not succeed in touching the
person attacked.
A frequent instance of assault is
where one man starts in the direction
} of another shaking his fists with every
3 apparent intent of attacking him, but
Z is checked and held by bystanders
J before he can reach his intended vic
3 tim. This action amounts to an as
sault in law and the person against
whom the attack was directed may
bring civil suit and recover damages
against the aggressor. True, these
damages will not be large where nc
! substantial injury has been inflicted
but even where no injury or damage
! of any nature can be shown nomlna
! damages-siX cents-will be awarded
vir,1i md
be required to pay the cost of suit.
Pointing a loaded revolver at an
3 other, or making hostile demopstra
tions with any weaponn, is an assault
Pointing a revolver may still amour
to an assault though the weapon b'
\ not loaded, provided that the person
threatened is not aware of this fac,
The courts of Alabama, Oregon ant
Texas have ruled that pointing an un
loaded revolver at another does no
J amount to an assault; but in Iowa
\ Kansas, Massachusetts, New Yorl
and Tennessee it has been held to b.
an assault.
} The essential idea of an assault lie
in the attempt, real or apparent, to d.
harm. The attempt need not be real
J it is sufficient if-it is apparent, ant
appears to be real. The intent T.
\ produce an assault is not necessary 1
{ the action of the attacker was hostil
I and produced genuine fear.
{ The words or circumstances accom-
{ panying a threatening gesture ma,
I be such as to show to REASONABLE
{ person that no harm is imminent
{ The man who says, IF l were no
{ in my Sunday suit I would lick you
( and shakes his fist, is not guilty of al
J assault His words deny the implica
{ ton of an immediate threat. Neithe
fn n
= amount to an assault To amour
To assault there must be some ply