CHAPTER IX.

 

ASSAULT AND BATTERY.

 

CONTENTS.

 

SECTION 1.  Assault defined.

2.     Battery—assault and battery—defined.

3.     Maiming or disfiguring.

4.     Assault with intent to murder, main or disfigure.

5.     Assault with a dangerous weapon with intent to commit burglary, robbery, manslaughter or murder.

6.     Without a dangerous Weapon, with intent to commit burglary, robbery, ac.

7.     Assault or assault and battery on any public officer.

8.     Assault or assault and battery with a knife, sword cane₁ ac. –

9.     Slight corporal injuries.

10.  Assaults on public ministers.

 

1. An assault is a malicious attempt forcibly to do a corporal injury to another without authority or justification by law.

 

2. A battery, or an assault and battery, is the malicious and forcible infliction of a corporal injury on another, without authority or justification by law.

 

3. Whoever with malicious intent to maim, or disfigure, or mutilate, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or destroy or disable any limb, member or bodily organ of another, shall be punished by a fine not exceeding one thousand dollars, and imprisonment at hard labor not exceeding ten years.

 

4. Whoever shall assault another, with intent to murder, or to maim or disfigure his person in any of the ways mentioned in the preceding section, shall be judged guilty of assault in the first degree, and shall be punished by a fine not exceeding one thousand dollars, and imprisonment net more than five years.

 

5. Whoever being armed with a dangerous weapon shall assault another, with intent to commit burglary, robbery, manslaughter or murder, or other crime of such character, shall be punished by a fine not exceeding one thousand dollars, and imprisonment at hard labor not more than ten years.

 

6. Whoever not being armed with a dangerous weapon, shall assault another with force and violence with intent to commit burglary, robbery or theft, shall be punished by a fine net to exceed five hundred dollars, and imprisonment at hard labor net to exceed five years.

 

7. Whoever shall commit an assault, or an assault and battery on any public officer, civil or judicial, with intent to resist, prevent, hinder or obstruct him in the discharge or execution of his duty as such, shall be punished by a fine net exceeding one thousand dollars, and imprisonment at hard labor not exceeding three years.

 

8. Whoever shall commit an assault or an assault and battery on another with a knife, sword cane, or any other weapon, obviously and imminently dangerous to life, shall receive fifty lashes in his back, and be fined one hundred dollars; or be lined not to exceed five hundred dollars, and imprisoned at hard labor net to exceed five years, in the discretion of the court.

 

9. Whoever inflicts a slight corporal injury upon another, as by striking him with his fist, spitting in his face, inciting and causing a dog to bite him, or any injury of a like gravity, however slight, is guilty of an assault and battery, and shall be punished by a fine of not more than one hundred dollars, or by imprisonment at hard labor of net more than twenty days, in the discretion of the court. (1866, p. 5.)

 

10.  If any person assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of a public minister, such person so offending, on conviction, shall be imprisoned net exceeding five years, and fined at the discretion of the court; and, if an officer of this government, shall be liable to removal from office. (Civil Code, Section 466.)