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Russell v. State

52 Ark. 276
CourtSupreme Court of Arkansas
DecidedNovember 15, 1889
StatusPublished
Cited by1 cases

This text of 52 Ark. 276 (Russell v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. State, 52 Ark. 276 (Ark. 1889).

Opinion

Per Curiam.

Assault: Indictment. In an indictment for an assault with intent to kill and murder, it is hot necessary to pursue the terms of the statutory definition of an assault. It is.sufficient to allege that the assault was committed in the manner and with the intent necessary to constitute the offense, without expressly averring “ the present ability ” necessary to constitute the assault. The word assault or assaulted used in such connection'means all the statute defines an assault to be. Bishop on Statutory Crimes (2 ed.), sec. 514; Butler v. State, 34 Ark., 480; Lacefield v. State, ib., 275; Robinson v. State, 5 Ark., 660; McCoy v. State, 8 Ark., 451.

Judgment affirmed.

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Related

State v. DeLong
117 S.W. 524 (Supreme Court of Arkansas, 1909)

Cite This Page — Counsel Stack

Bluebook (online)
52 Ark. 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-state-ark-1889.