U.S. v Jacobs
U.S. Ct. App. 1980
Author:- Sam Biers

Facts: Jacobs attempted to forcibly evict Bodoh on disputed premises by blocking the driveway with his car.  Bodoh drove around it and attempted to enter the house.  He looked at his arm and realized that he had been shot. He hurried into the house.  Therein the confrontation continued.

Issue: Whether the evidence is sufficient to support finding of assault resulting in serious bodily injury? 

Holding: Yes

Procedure: Trial ct. jury found guilty of assault w/SBI, not guilty assault w/dangerous weapon w/intent to commit bodily harm.  Affirmed.

Rule: When an actual battery occurs it includes and assault.

Court Rationale: Inconsistent and compromise verdicts are permissible and legitimate.  The defendant was determined by the jury to have intended to commit an assault by placing Bodoh in fear through a display of force, but that Jacobs did not intend to do the bodily injury that resulted.  Jacobs did commit battery upon Bodoh, therefore he committed assault.

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