United States v. Jacobs
United States Court of Appeals for the Seventh Circuit
632 F.2d 695 (1980)
Relevant factsFree
Isaac Jacobs, attempting to evict Earl Bodoh's family from their home, blocked the driveway while they were away, but Bodoh still reached his own front door; as Bodoh tried to open it, Jacobs shot him in the arm without Bodoh ever having seen the gun aimed at him beforehand. Jacobs was convicted of assault resulting in serious bodily injury and appealed, arguing he could not be guilty of assault because Bodoh had no apprehension of harm until after he was already shot.
IssueFree
Whether a defendant may be convicted of assault resulting in serious bodily injury when the victim had no reasonable apprehension of bodily harm until after the injury was inflicted.