State v. Paxson

Citations

• 29 Del. 249
• 6 Boyce 249
• 99 A. 46
• 1916 Del. LEXIS 33

Syllabus

<p>1. Assault and Battery—Criminal Responsibility—“Assault.”</p> <p>An “assault” is an attempt or offer by violence to do hurt or injury to another, with the present ability to carry the intention into effect.</p> <p>2. Assault and Battery—Criminal Responsibility—Elements of Offense—Intent.</p> <p>The intent with which an assault is made need not be a specific purpose to do a particular injury, wantonness or mere recklessness being sufficient, but there must be a present ability to carry the unlawful intent into effect, such, at least, as to reasonably put the person against whom it is directed in fear of injury unless he retreat.</p> <p>3. Assault and Battery—Criminal Responsibility—Elements of Offense.</p> <p>It is not essential that the person charged with an assault should be within striking distance of the person assaulted, and there need be no actual contact of the person if the physical force or violence put in motion is such as to create a reasonable apprehension of physical injury.</p> <p>4. Assault and Battery—Criminal Responsibility—Justification.</p> <p>Mere entry or trespass on the lands or private way of another, however wrongful, will not justify or excuse resort to a deadly weapon, or to any more force than is reasonably necessary to drive the intruder off.</p>