This section is from the book "Popular Law Library Vol4 Torts, Damages, Domestic Relations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
An aggravated assault or battery is either one which occurs in the commission of some other, and more serious, offense, or one done under circumstances or in a manner which adds to the enormity of the act. The following are examples of what have been held to be aggravated assaults or batteries:
An assault by an adult on a child;41 or an assault on a decrepit person.42
An indecent assault.43
An assault with a deadly weapon.44
An assault committed in a court of justice;45 or in the house of a private family.46
An assault committed in such a way as to inflict disgrace, as by horsewhipping the party injured.47
" "To touch a virtuous wife in the way of illicit love is a far greater outrage than to touch her in anger, and equally a breach of the peace. It is violence proceeding from lust, instead of violence proceeding from rage. It issues from the passion, which, unrestrained, culminates in rape, instead of from the passion which culminates in homicide." Good-rum vs. State, 60 Ga., 509, 511.
39 "The hostile hitting or touching, though it falls short of an actual hurt, it is treated as a batten' because it tends to provoke a quarrel and is in tact itself a breach of the peace. Here, 'the insult is more to be considered than the actual damage." McKean C. J., in Respublica vs. DeLongchamps, 1 Dall (Pa.), 114. Street's Foundations of Legal Liability, Vol. I, p. 6.
4° James vs. Campbell, 5 C. & P., 372; 24 E. C. L., 367.
41 Ellereon vs. State, 16 Tex. App., 6; 49 Am. Rep., 824.
42 Hall vs. State, 16 Tex. App., 6; 49 Am. Rep., 824.
43 People vs. Hicks, 98 Mich., 86; 56 N. W., 1102.
44 People vs. Vanard, 6 Cal., 562; State vs. Godfrey, 17 Ore., 300; 20 Pac, 625.
45 State vs. Hunter, 44 Tex., 94.
46 State vs. Cass, 41 Tex., 552.
47 Coolidge vs. State, 24 S. W.. 1094.
An assault by cutting48 or shooting.49
Any assault which results in serious injury.