CRIMINAL LAW-REQUISITE MENTAL ELEMENT IN CRIMINAL ASSAULT

Authors

Charles Hansen, University of Michigan Law SchoolFollow

Abstract

Defendant was driving his car after dark at a speed greatly in excess of that prescribed by a local ordinance. While proceeding in this fashion, the car overtook and struck a bicycle, severely injuring a passenger thereon. From a conviction of criminal assault of the passenger, defendant appealed. Held, affirmed. The necessary intent to injure a specific passenger of a vehicle may be inferred from the recklessness evidenced by driving at night at a speed greatly exceeding the statutory limit. Wellons v. State, (Ga. App. 1948) 48 S.E. (2d) 925.

Recommended Citation

Charles Hansen, CRIMINAL LAW-REQUISITE MENTAL ELEMENT IN CRIMINAL ASSAULT, 47 Mich. L. Rev. 581 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss4/13