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England and Wales High Court (King's Bench Division) Decisions


You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Tuberville v Savage [1669] EWHC KB J25 (30 January 1669)
URL: http://www.bailii.org/ew/cases/EWHC/KB/1669/J25.html
Cite as: (1669) 1 Mod Rep 3, 86 ER 684, [1669] EWHC KB J25

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JISCBAILII_CASE_CRIME

Neutral Citation Number: [1669] EWHC KB J25
86 ER 684, (1669) 1 Mod Rep 3

KING'S BENCH

B e f o r e :


____________________

Between:
Appellant
v
Respondent

____________________

    (1669) 1 Mod Rep 3, 86 ER 684
    KING'S BENCH
    30 January 1669
    ____________________
    Tuberville
    -v-
    Savage
    ____________________
    Judgment
     
    Action of assault, battery, and wounding.
    The evidence to prove a provocation was, that the plaintiff put his hand upon his sword and said, "If it were not assize-time, I would not take such language from you." The question was if that were an assault. The Court agreed that it was not; for the declaration of the plaintiff was, that he would not assault him, the Judges being in town; and the intention as well as the act makes and assault. Therefore if one strike another upon the hand, or arm, or breast in discourse, it is no assault, there being no intention to assault; but if one, intending to assault, strike at another and miss him, this is an assault: so if he hold up his hand against another in a threatening manner and say nothing, it is an assault. In the principal case the plaintiff had judgment.


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URL: http://www.bailii.org/ew/cases/EWHC/KB/1669/J25.html