Gunter v. State

Summary

The court affirmed William Gunter’s conviction for assault and battery after he slashed at another person with a knife and severely injured a two-year-old child who was being held by that person. The court held that the evidence supported the verdict under the rule that an unintended injury caused during an unlawful act may constitute assault and battery, and it rejected the defendant’s unpreserved challenge to the prosecutor’s closing argument.

Holdings

1. A defendant who, while engaged in an unlawful act that is malum in se, unintentionally injures another person is guilty of assault and battery when the injury is a natural or probable consequence of the unlawful act; lack of intent to injure the particular person does not excuse the conduct.
2. The asserted error in the prosecutor's closing argument did not warrant a new trial because the argument was not included in the bill of exceptions, no good cause was shown to add it, and no objection was made at trial.

Questions Presented

1. Whether the evidence preponderated against Gunter's conviction for assault and battery when the child was unintentionally injured while Gunter was unlawfully attacking other persons.
2. Whether the assertedly inflammatory closing argument warranted a new trial when no contemporaneous objection was made and the argument was not included in the bill of exceptions.

Disposition

affirmed