Reports of the Cases Decided in the Appellate Court of Indiana Volume 13

Reports of the Cases Decided in the Appellate Court of Indiana Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...App. 365. There must be some movement toward corporal violence. A mere purpose to injure, however vigorously expressed, is not sufiicient unless it be accompanied by an effort to carry it into immediate execution. Gillett Crim. Law, section 222. There seems to be no disagreement between the parties as to the facts proved. The only thing about which they do not agree is as to the inference to be drawn from those facts, or some of them, by the jury. It appears that the appellant is a brother of the wife of one Philip Jester, the latter being the person upon whom it is alleged the assault was committed. Jester and wife were living separately and apart. By some sort of judicial proceeding an order was obtained from the proper circuit court that the wife should have the care, custody, and control of the child, Holly Jester, subject, however, to the right of said Philip Jester to visit and see said child at all reasonable times. At the time of the difficulty in question, the child, Holly Jester, was in the appellants house, being dressed by its mother, when Philip Jester, the father of the child, came up to the door, just inside of which the mother and child were sitting. Some Words passed between the husband and wife, the former expressing a desire to take the child with him and the latter refusing to let him do so. Jester thereupon endeavored to open the screen door, at the same time demanding of the mother that the child be turned out to him. Appellant, who was then in the house and heard what took place, seized a stick of wood, the size of" which and Where he obtained it not being shown, and told Jester, perhaps with an imprecation, that if he did not go away from there he would knock his head off. There was evidence to show that more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236934822
  • 9781236934826