State v. Spigener

Citations

• 96 Miss. 597
• 50 So. 977

Syllabus

<p>Ceimihai Law awd Peoceduee. Assault 'and battery. Cowhide, etc. Code 1906, § 1044. Indictment. Simple assault and battery.</p> <p>An indictment charging that defendant assaulted and heat another with “leather bridle reins,” while armed with a pistol, with intent to intimidate the party assaulted and heat and prevent him from defending himself:—</p> <p>¡(a) Is not good as one for the offense defined by Code 1906, § 1044, making it a felony for a person to assault and heat another, under the circumstances charged, with a “cowhide, whip or stick;” hut</p> <p>(5) Is good as one for simple assault and battery, and a demurrer thereto should he overruled.</p>