Opinion
04-03-1907
STATE v. HANDY et al.
Daniel O. Hastings, Deputy Atty. Gen., for the State. Robert C. White, for defendants.
John Handy and others were indicted for assault and battery. Verdict of guilty. Argued before SPRUANCE and BOYCE, JJ.
Daniel O. Hastings, Deputy Atty. Gen., for the State. Robert C. White, for defendants.
BOYCE, J. (charging jury). The prisoners, John Handy, Jesse Gibson, and James Slaughter, are charged with an assault and battery upon Elijah W. Wells. An assault has been defined to be an attempt or offer, coupled with a present ability, to do hurt to the person of another. A battery includes an assault, and is the actual striking, or, as charged in this case, shooting, of another.
It is admitted that the prisoners and John Long, driving two carriages, went from Salisbury, Md., to Hastings' distillery, near Delmar, in Little Creek hundred, this county, on the night of December 8th last, and that on returning from Hastings', after having gone about a quarter of a mile, they stopped their teams—it being between 7 and 9 o'clock—nearly opposite each other, occupying each of the driveways in the road. While so being stopped in the road, Wells, the prosecuting witness, who with another person had also been to Hastings', came up, and, finding the roadway blocked, he inquired if there was any trouble. Cursing from some of the persons who had stopped followed, and it is not denied that several shots were fired at the said time and place. There is conflict of testimony as to who did the shooting, but it is not denied that Wells was shot twice—one ball penetrating his person in the region of the stomach, and the other his coat over his shoulder. No excuse or justification whatever is offered for the shooting. You have heard the several witnesses, and you doubtless remember their testimony at this point. If you find that any one of the prisoners fired the shots which took effect as the prosecuting witness has stated, such person would be guilty. And if you find that any one of the prisoners did commit the offense charged, and that either or both of the other prisoners were present at the time, abetting, procuring, commanding, and counseling him to commit the offense, then such other person, or both of them, so abetting, aiding, and assisting, would be guilty. The charge made in this case is of a grave and serious character, and you should give the testimony of the witnesses careful and conscientious consideration.
You may find any one or all of the prisoners guilty or not guilty, as the evidence seems to warrant.
Verdict: Guilty.