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ASSAULT (from Lat. ad, to or on, and ...

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Originally appearing in Volume V02, Page 776 of the 1911 Encyclopedia Britannica.
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ASSAULT (from Lat. ad, to or on, and saltare, to leap), in English law, " an attempt or offer with force or violence to do corporal hurt to another, as by striking at another with a stick or other weapon, or without a weapon, though the party misses his aim." Notwithstanding ancient opinions to the contrary, it is now settled that mere words, be they ever so provoking, will not constitute an assault. Coupled with the attempt or threat to inflict corporal injury, there must in all cases be the means of carrying the threat into effect. A battery is more than a threat or attempt to injure the person of another; the injury must have been inflicted, but it makes no difference however small it may be, as the law does not "draw the line between degrees of violence," but " totally prohibits the first and lowest stage of it." Every battery includes an assault. A common assault is a misdemeanour, and is punishable by imprisonment with or without hard labour to the extent of one year, and if it occasions bodily harm, with penal 'servitude for three years, or imprisonment to the extent of two years, with or without hard labour. There are various different kinds of assaults which are provided against by particular enactments of parliament, such as the Offences against the Person Act 186i, the Prevention of Crimes Act 1891, &c.; and there are also certain aggravated assaults for which the punishment is severer than for common assault, as an assault with intent to murder, with intent to commit a rape, &c. In certain cases an assault and battery is sometimes justifiable, as in the case where a person in authority, as a parent or schoolmaster, inflicts moderate punishment upon a child, or in certain cases of self-defence, or in defence of one's goods and chattels. An assault may be both a tort and a crime, giving a civil action for damages to the person injured, as well as being the subject of a criminal prosecution. United States.—The general principles applicable throughout the United States are the same as in England. Riding a horse threateningly near a person; or riding a bicycle against another (Mercer v. Corbin, 117 Indiana Rep. 450); waking one from sleep to present a milk bill (Richmond v. Fiske, 16o Mass. 34), are assaults. A minor is liable for damages for an assault (Hildreth v. Hancock, 156 Illinois Rep. 618). In Texas it has were intoxicated with the hashish. When in this state they were introduced into the splendid gardens of the sheik, and surrounded with every sensual pleasure. Such a foretaste of paradise, only to be granted by their supreme ruler, made them eager to obey his slightest command; their lives they counted as nothing, and would resign themat a word from him. Finally, the sixth and seventh orders were the Lasigs, or novices, and the common people. Hassan well knew the efficacy of established law and custom in securing the obedience of a mass of people; accordingly, upon all but the initiated, the observances of Islam were rigidly enforced. As for the initiated, they knew the worthlessness of positive religion and morality; they believed in nothing, and scoffed at the practices of the faithful. The Assassins soon began to make their power felt. One of their first victims was Hassan's former friend, Nizam-ul-Mulk, whose son also died under the dagger of a secret murderer. The death by poison of the sultan Malik-Shah was likewise ascribed to this dreaded society, and contributed to increase their evil fame. Sultan Sinjar, his successor, made war upon them, but he was soon glad to come to terms with enemies against whose operations no precaution seemed available. After a long and prosperous rule Hassan died at an advanced age in 1124. He had previously slain both his sons, one on suspicion of having been concerned in the murder of a da'i at Kuhistan,the other for drinking wine, and he was therefore compelled to name as his been held that an assault with a knife is not necessarily an aggravated assault (Warren v. State, 3 -S.W. 240), and an axe is not necessarily a " deadly weapon" with which to assault (Gladney v. State, 12 S.W. 868), and the State must prove that it would be likely to produce death or serious bodily injury (Melton v. State, 17 S.W. 257). Neither.a pistol nor brass knuckles are necessarily deadly weapons; the State must show their size or manner of use in making the assault (Ballard v. State, 13 S.W. 674; Miles v. State, 5 S.W. 250). But in 1903 a pistol was held by the Texas Supreme Court to be a deadly weapon if not used simply as a club (Lockland v. State, 73 S.W. 10$4), and the same court held in 1904 that a pistol is a deadly weapon (Pace v. State, 79 S.W. 531), and so the assault was an aggravated assault. In North Carolina it has been held that an axe is ex vi termini a " deadly weapon " (State v. Shields, Ito N.C. 49).
End of Article: ASSAULT (from Lat. ad, to or on, and saltare, to leap)
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