United States v. Jacobs

632 F.2d 695 (7th Cir. 1980)

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Nature of the Case

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Facts

Bodoh was shot by Jacobs (D) when Bodoh was about to enter the house that he lived in. Bodoh neither saw D nor was aware that D was aiming a gun at him until after he was shot. Bodoh feared further gunfire and ran to the house. D followed him and proceeded to strike him with the gun. D was tried and convicted of assault resulting in serious bodily harm. On appeal, D argued that because Bodoh was unaware of the imminent shooting, there was no assault. Only an assault resulting in serious bodily harm was punishable. The Government (P) claims that the apprehension needed for an assault may occur after the bodily harm is inflicted.