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254 So. 2d 33

Docket No. 71-441.

Munday v. State

Michael MUNDAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 2, 1971.

District Court of Appeal of Florida · decided 1971-11-02

Key passage — most relied on by later courts

“as susceptible of the conclusion that [Munday] was trying to extricate the car, as it is of an intent to assault the witness,”

quoted by 1 later decision, including 790 So. 2d 1166 - WEP, JR. v. State

Relies on Motley v. State · 206 So. 2d 30 - Paulet v. Hickey · 232 So. 2d 25 - Bass v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-11-02

How this case has been cited

Cited by 9 later decisions — most recently January 2008

9 state decisions

401971198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*34 Fred A. Jones, Jr., Miami, for appellant.

¶2Robert L. Shevin, Atty. Gen., and William L. Rogers, Legal Intern, for appellee.

¶3Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

¶4PEARSON, Judge.

¶5The appellant was found guilty by a jury of an aggravated assault upon Donald E. Hunt by running an automobile against Hunt. He was adjudicated guilty by the court and sentenced to eighteen months in prison.

¶6On this appeal the appellant who was the defendant urges that the evidence was insufficient to show an intent to assault Hunt. The crime of aggravated assault requires a general intent. McCullers v. State, Fla.App. 1968, 206 So.2d 30.

¶7The testimony of the complaining witness, who alone testified that he was assaulted, was that he was attempting to keep the appellant from moving the car. The car was partially blocked in by the complaining witness. The evidence as a whole is as susceptible of the conclusion that appellant was trying to extricate the car, as it is of an intent to assault the witness. An assault is committed by an unlawful offer to injure another with apparent present ability to effectuate the offer under circumstances creating a fear of imminent peril. Motley v. State, 155 Fla. 545, 20 So.2d 798 (Fla. 1945); Albright v. State, Fla.App. 1968, 214 So.2d 887; Bass v. State, Fla.App. 1970, 232 So.2d 25.

¶8The judgment is reversed with directions to discharge the appellant.

¶9Reversed.

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