Assault

' An attempt or offer to beat another, without touching him.* If one lifts up his cane or his fist, in a threatening manner at another, or strikes at but misses him — this is an assauli, insultus, which Finch describes to be "an unlawful setting upon one's person." 6 It is also inchoate violence, which is considerably higher than bare threats; and, therefore, though no actual suffering is proved, the party injured may have redress by action of trespass vi et armis, wherein he recovers damages as compensation for the injury. ^ f Worcester's Diet. ' Brown v. Luddy, 11 Hun, 466 (1877). = Adams v. Say re, 70 AJa.

385 (1881); Fields v. Helmes, ib. 460 (1881); 17 How. 130. * 4 Bl. Com. 232; Croom v. State, 71 Ala. 14 (1881).

An offer or attempt by force to do corporal injury to another.' As if one person strike at another with his hand or a stick, and miss him. If the other be stricken, it is a battery. Or it he shake his flst at another, or present a gun, or other weapon, within such a distance that a hurt might be given; or draw a sword and brandish it in a menacing manner. An intent to do some corporal injury must be coupled with the act.' Any attempt or offer with force or violence ■to do a corporal hurt to another, whether from malice or wantonness, with such circumstances as denote at the time an intention to do it, coupled with a present ability to carry the intention into effect. ^ An unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another. ' Assailant and the assailed designate, respectively, the person injuring and the person injured. Abusive words cannot constitute the offense; nor can an act in defense of one's self, wife, child, servant, or property; nor an act in obedience to legal process. Unlawful imprisonment, undue liberty taken by an employer, teacher, physician, dentist, car conductor, or other person in a like position, is, or includes, an assault. An assault with intent to commit a felony is a higher offense than simple assault.* Remedies: indictment for breach of the peace; action for damages. Son assault demesne. F. His own assault; his assault in the first instance. "If one strikes me first, I may strike in ray own defense; and, if sued for it, may plead son assault demesne: that it was the plaintiff's own' original assault that occasioned it. " ' Compare Manus, Mo Uiter. See further Battekt; Defense, 1; Indecent; Provocation.