BATTERY - Black's Law Dictionary

What is BATTERY? Definition of BATTERY in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a human being without his consent. Goodrum State, 60 Ga. 511.

A willful and unlawful use of force or violence upon the person of another. Long v. Rogers, 17 Ala. 540. An un- lawiuLtauching of the person of another by the agre.agr apasalf, or any otliEf-SUbstanceput in motion by him. Kir- land v. State, 43 Ind. 153, 13 Am.Rep. 386; Commonwealth v. Remley, 257 Ky. 209, 77 S.W.2d 784. The consummation of an unlawful assault. State v. Hamburg, Del., 143 - A. 47, a8. The sri o) f another or of his clothes or an' thi I • - che•to hi -rson • one in a de, nsolent. or anzr y manner. Booher v. Trainer, 172 o.App. 376, 157 S.W. 848, 850; Commonwealth v. Gregory, 132 Pa. Super. 507, 1 A.2d 501, 503.

The artnal offp r to use force to th9 iniuri_aannther person is assault; the use of it is battery,yantich always includes an assa ; Thence the two terms are commonly 76-gBined n t e term "assault and battery." Harris v. State, 15 Okl.Cr. 369, 177 P. 122, 123.

A surgical operation is a technical "battery" regardless of its result, and is excusable only when there is express or implied consent by the patient. Bonner v. Moran, 126 F.2d 121, 122, 75 U.S.App.D.C. 156, 139 A.L.R. 1366.

—Assault and Battery of a High and Aggravated Nature. An unlawful act of violent injury to the person of another, accompanied by circumstances of aggravation, such as the use of deadly weapon, great disparity between the ages and physical conditions of the parties, or the purposeful infliction of shame and disgrace. State v. Jones, 133 S.C. 167, 130 S.E. 747, 751.

—Simple Battery. One not accompanied by cir- cumstances of aggravation, or not resulting in grievous bodily injury.

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