United States v. Myers
United States v. Myers, 27 F. Cas. 43 (1806)
Headnotes
Case No. 15,845.
Assault.
It is an assault to double the fist and run it at another, saying, “If you say so again I will knock you down."
[Cited in State v. Painter, 67 Mo. 87.]
Summary
Presentment, for an assault on Jane Mc-Grath. The evidence was that the defendant [Samuel Myers] doubled' his fist and ran it towards the witness, saying, “If you say so again, I will knock you down.”
contended that it was not an assault The words explain the act, and show the intention not to be to commit a battery. It was like the case of the man putting his hand on his sword, and saying, “If it were not term time or assizes, I would kill you,” &c.; and he moved the court to instruct the jury that it was no assault.
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Opinion of the Court
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THE COURT,
(nem. con.) refused to give the instruction.
Verdict, “Guilty.” Pined five dollars.
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