Beach v. Hancock

Beach v Hancock - disregard of the laws and disturbances of the public peace Holding and Rule Yes It is important to decide whether these damages

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Cause of Action: Assault Title and Citation: Beach v. Hancock , 27 N.H. 223 (1853) Identities of the Parties: P Beach is in an altercation whom has a gun pointed at him. D Hancock while in an altercation points a gun at the P from a close distance. Procedural History: P Beach alleges assault and the jury finds for him. D moves for a new trial for reason of exceptions to the court’s rulings and instructions to the jury. Facts: While engaged in an angry altercation, D stepped into his office, which was at hand, and brought out a gun, which he aimed at P in a threatening manner. P was only a short distance away from D at the time. D even snapped the gun twice at P who was not aware whether the unloaded gun was loaded or not. Issue: Whether the court should have instructed the jury that it was their right and duty to consider the effect which the findings show would breach the peace, and encourage a
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Unformatted text preview: disregard of the laws and disturbances of the public peace. Holding and Rule: Yes. It is important to decide whether these damages breach the peace of society. Even though these damages done are disproportional to the injury sustained, this would lead a society to consider an assault as a thing that can be done without punishment. Court’s Reasoning: The threat of pointing a gun at someone in a threatening manner, regardless of it being loaded or not, is an assault. It violates the laws of society and ones security which laws have been put in place to protect. It was a proper question for the jury to consider whether the result would be produced or not in establishing whether an assault was done or not. Judgment and Order: Judgment on the verdict. Comments:...
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This note was uploaded on 04/13/2008 for the course HISTORY 101 taught by Professor Jenkins during the Spring '08 term at Rutgers.

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