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

Many are the happenings Of every
day life that might, under strict
rules Of law be held to be assault
and battery. II the persons involved
chose to bring the matter to the at
tention Of court. Enough are TAX
en- up by aggrieved parties, who
choose to press their claims before
the law, to make actions for assault
and battery frequent indeed. So. an
action for assault and battery is
likely to happen within the exper-
fence Of any Of US. The victim Of
more than one practical joks' has
failed to view the matter as q Joke
and recovered damages 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 up
on whom he would vent his wrath,
finds that he must pay damages to-
the person whom he failed. to touch,
because he has committed . techni-
cal assulta. So, too. the fist fight
Of ancient origin brings forth an ac-
ton for assault and battery-civil
Or criminal
A criminal action Is one undertak-
en- by the public prosecutor though
POSSIBLY at the instance Of the ag-
srieved party-to punish the offend
or for his affront to the peace and
Lightly Of the state in creating q
disturbance. The action Is taken In
he name Of the state. and II lthe
offender Is found guilty the result
8 punishment fine, which the
state receives, or imprisonment. The
civil action on the other hand, Is q
private action taken by the ag-
grieved party. In which he moves In
mis- own name by his own attorney.
II he Is successful he RECEIVERS dam
ages to recompense him for the in
juries he has suffered, and these are
paid to him. The same fist fight
may be both a crime against the
state and private wrong against the
individual. The state may punish
the aggressor for his crime against
its peace and dignity. and the pri-
vate citizen also bring q separate
and distinct private suit In his own
behalf to recover damages. It Is
the private action by the individual
to secure recompense for the In
juries he has suffered that is of
most immediate concern to the aver
age individual, and 1t 10 the circum-
stances that give rise to this civil
action that we will discuss here.
The grounds OF criminal liability are
not dissimilar, In most states, though
a criminal conviction for assault and
battery is more difficult to secure
than damages in vindication Of pri-
vate wrong.
Though generally used together as-l
sault and battery are two distinct
things. There may be an assault
without any battery, though battery
10 usually accompanied by an assault.
Thus North was walking along the
footpath by the side OF the road,
when Shoppee, who had threatened
him in the past, came riding from
behind, mounted on his horse. Shop
pee rode straight at Mortin in q,
most threatening manner, and Nor
tin, by desperate running, just man
aged to keep ahead until he could
turn into the garden gate. ShoppeeI
sat on his horse without inviting
Mortin to come out and be clicked.
North sued Shoppee for assault and
recovered, althouh he had not been
touched. These hostile demonstra-|
tons, which threaten immediate bod
lily harm to another and put him
in reasonable fear Of his personal
safety amount to an assault, in law,
although the assailant does not sue
coed In touching the person attacked.
A frequent instance Of assault 10
where one man starts In the direc-
ton Of another shaking his fists
with every apparent intent Of att
lacking him, but is checked and held
by bystanders before he can reach
his intended victim. This action
amounts to an assault In law and|
the person against whom the attack
was directed may bring civil suit
and recover damages against the az
gressor. True. these damages will
not be large where no substantial
injury has been inflicted, but even
where no injury or damage Of anyI
nature can be- shown nominal damages
six cents--will be awarded as vim
dication, and the assailant will be!
required to pay the cost Of suit.
Pointing q loaded revolver at AMI
other, or making hostile demonstra-|
lions with any weapon. il an assault.
Pointing revolver may still amount
to an assault though the weapon be-