Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-07-05

to be an assault.
The essential idea OF an assault
lies In the attempt, real or apparent,
to do harm. The attempt need not be
real; 1t 10 sufficient 1t 10 apparent,
and appears to be real. The intent
to produce an assault IL not neces-
sary II the action Of the attscker was
hostile and produced genuine fear.
The words or circumstances accom-
panying threatening gesture may be
such as to show to reasonable per-
son that no harm Is imminent. The,
man who says, IT l we're not in my
Sunday suit would lick you," and
shakes his fist, Is not guilty Of an
assault. His words deny the impli-
cation Of an immediate threat. Meth.
or do preparations to commit an as
sault amount to an assault. TO
amount to assault there must be
some physical effort to carry the at
tack into effect. In case where
one was held liable for shooting q
gun in the direction OF others, "as
La Joke as he explained It, the
Judge said: Those who shoot at
their friends for amusement ought
to warn them first that 1t 10 mere
sport. =
Battery 10 added to assault when
the assailant 80 far acc0mplishes
his purpose AZ to reach the person
Of the victim. To touch another In
anger, though in the slightest de-
gree, or to use violence against an
other to rudely force 2 passage. Is.
in law, battery. II one strikes an
other with hostile attitude, though It
be but the weight OF his little finger,
| 1t is as truly q battery as though he
struck him p dozen blows with great
force. In the latter case, Of course,
greater damages would be awarded
to the injured party. Battery has
been defined as the unpermitted ap-
plication OF force by one to the per-
son OF another.
Many are the instances at assault
and battery. II one strikes another
in anger the case Is clear. One who
rudely and unnecessarily joetles an
other is guilty OF assault and battery.
The party jostled, may. II he desires.
sue in civil action for assault and
battery. The party jostled. may Y he
desires, sue In civil action for as
sault and battery, and recover dam
ages. OF course 1t Is not every bit
of jostling and pushing that occurs
In a crowd that amounts to an as
sault and battery, but only that
which Is inexcusable and unneces-
sary. An overseer Of poor who cut
the hair Of an inmate Of the poor
farm, contrary to his will, and with
out authority Of law, was held liable
as for assault and battery.
The body Of the person assaulted
need not be touched in order to con-
stitute battery. It Ia enough that
the clothing be touched. II you
knock q mans hat off you have COM
mitted battery. That 1t was in
tended as joke IL no defnese Il the
person injured did not willingly sub
NIT to the Joke and does not choose
to treat the matter as q joke. An
assault is none the less such be-
cause 1t was committed to have fun
during the merry season Of Christ
mas. or at any other time Of gaiety
and carnival.
An assault and battery may be-
committed by touching that which
supports person, 40 well az his
body or clothing. II you pull the
chair from beneath a man, 1t 10 as
sault and battery. II you drive q
wagon against the buggy in which he
ID riding, hostilely and unnecessarily,
that is an assault and battery.
A consideration Of the cases In
which the person attacked has con-
scented, or where the attack IL just-
fled by authority, or - defense
OF self, family or property must be
postponed until the next article Of