Faithin Omaha eBook Collection

Download or read book The American and English Encyclopedia of Law and Practice Volume 5 written by William Mark McKinney and published by Rarebooksclub.com. This book was released on 2013-09 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 1910 edition. Excerpt: ... a Horton v. Monk, l Browne (Pa.) 65. b Besetting a man's house and batterirgg it with stones, guns, etc., was an aggravat assault at common law. State v. Freels, 3 Humph. (Tenn.) 228. See also Metcalfe v. Conner, Litt. Sel. Cas. (Ky.) 370. 0 In Meade's Case, 1 Lswin C. C. (Eng.) 184, Holroyd, J., said; "Making an attack upon a dwelling, and especially at night, the law regards as equivalent to an assault on a man's person; for a man's house is his castle, and therefore, in the eye of the law, it is equivtlmt to an assault. But no words or singing are equivalent to an assault, nor will they authorize an assault in return." In that case, however, the defendant was held guilty of manslaughter for shooting into a crowd that came about his house at night singing songs of menace, whereby he killed one of them, 16. a Must Be Diraztod against Person.--Metealfe v. Conner, Litt. Se, Cas. (Ky.) 370, where it was said that there must be " an intention to do some personal injury; and nonsequently besetting or entering another's house, without such an intention, cannot constitute an assault." See also Meade's Case, 1 Lawin C. C. (Eng.) 184. _ nbg Where a drunken man at night dema ed admission to B house occupied by women, it was held this was not ll assault. Jarniglm v. State, 6 hex. Ap%_-165. q Shooting at Object in lndow.---In U. S. v. Hand, 2 Wash. 435, 26 Fed. Cas. No. 15,297, it was held that shooting at an object in the window of s man's house to destroy it was not an assault on the man. d But shooting into a house to frighten the owner has been hold to be an assault on the actual occupant. Cowley v. State, 10 Lea (Tenn.) 282. e In '1'enM8l0e it has been held that besetting a...