What is the test for sustaining an assault and battery charge in a murder case?
"New York", United States of America
The following excerpt is from Mccahill v. New York Transp. Co., 201 N.Y. 221, 94 N.E. 616 (N.Y. 1911):
In Commonwealth v. Fox, 73 Mass. 585, the court stated the rule in connection with an indictment charging murder: If the jury are satisfied on the evidence that an assault and battery was committed on the deceased by the prisoner * * * and that thereby the death of his wife was hastened, so that it took place sooner by reason of the assault and battery than it would have occurred in consequence of her sickness alone, the indictment might be sustained.
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