47 Neb. 74 | Neb. | 1896
. Plaintiff in error was, by a jury, found guilty of an assault in manner and form as charged in the information. This information was filed in the district court of Richardson county, and thereby the offense charged was that Columbus C. Wells, “ upon one Oscar Larabee, then and there being, unlawfully, purposely, feloniously, and of his deliberate- malice, did make an assault with a dangerous weapon, to-wit, a hammer, * * * with
In the brief submitted on behalf of the plaintiff in error there are argued but two questions. Of these, one is that the verdict is not sustained by sufficient evidence. There is no room for doubt that Wells struck Larabee, at least twice, with a hammer, at the time and place described in the information. That there was such provocation that Larabee would have been entitled to but little sympathy if his punishment had been greater than it was, there can be no question; and yet this provocation was only by the use of insulting language, uttered at such a distance that it was necessary for the accused to take several steps that he might be able to show his resentment. When these steps had been taken it cannot be determined with certainty from the bill of exceptions which party first laid hands upon the other. There was sufficient evidence, however, to justify the jury in returning the verdict which it did return, and we cannot, therefore, set it aside as being without sufficient support.
In the brief the other ground of criticism is thus stated: “The court told the jury, in general terms, that they might convict the defendant of a simple assault, but failed to explain to the jury the legal meaning of the word ‘ assault ’ when used in that connection.” One of the definitions of this word suggested by plaintiff in error is that given in Rapalje & Lawrence’s Law Dictionary, to-wit: “In criminal law, assault is (1) an attempt unlawfully to apply any actual force, however small, to the person of another, directly or indi
Affirmed.