State v. Hailstock
This text of 2 Blackf. 257 (State v. Hailstock) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
AN indictment for an assault with intent to commit a felony, must show with certainty the particular felony intended to be committed.
A common assault is not an indictable offence. It is punishable, however, by a justice of the peace
A common assault is, at- common law, an indictable offence. 4 Bl. Comm. 216. Here, by statute, justices of the peace have exclusive jurisdiction of'offences to which the affixed penalty does not exceed three dollars; and a common assault is an offence of that kind. R. C. 1831, pp. 193, 195. An assault, with intent to commit a felony, is an indictable offence, and punishable by imprisonment in the state-prison for any term of time not exceeding fourteen nor less than two years, and by fine not exceeding 1,000 dollars. Id. p. 186.
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Cite This Page — Counsel Stack
2 Blackf. 257, 1829 Ind. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hailstock-ind-1829.