assault

an assault is ordinarily held to be committed merely by putting another in apprehension of harm whether or not the actor actually intends to inflict or is capable of inflicting that harm

Defined by the Supreme Court in - Ladner v. United States, 358 U.S. 169 (1958).

An unlawful offer or attempt with force or violence to do a corporal hurt to another. It may consist of any act tending to such injury, and accompanied by such circumstances as denote an intention and a present ability of personal violence. 1 Hill (N. Y.) 351. Force unlawfully directed or applied to the person of another under such circumstances as to cause a well-founded apprehension of immediate peril. Aggravated assault is one committed with the intention of committing some additional crime, or under circumstances of peculiar turpitude. Simple assault is one committed with no intention to do any other injury. Assault is generally coupled with battery, and for the excellent practical reason that they generally go together; but the assault is rather the initiation or offer to commit the act of which the battery is the consummation. An assault is included in every battery. 1 Hawk. P. C. c. 62, § 1. Mere words do not constitute an assault (59 Ind. 300), but some overt act is required (55 Hun [N. Y.] 214).

An unlawful attempt or of fer, on the part of one man, with force or violence, to inflict a bodily hurt upon another, An attempt or cifer to beat another, without touching him; as if one lifts up his cane or his fist in a threatening manner at another; or strikes ut him, but misses bim, 3 Bh Comm. 120; 3 Steph. Comm. 469, Aggravated assauit is one committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. Simple assaulé is one committed with no intention to do any other injury. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Pen. Code Cal. § 240. An assauit isan attempt io commit a violant injury on the person of another. Code Ga 1882, i § 457, Ax assault is any willful and unlawful attemptor offer, with force or violence, to do a corporal burt to ancther, Pen. Code Dak, § 305. ‘Whe nand, or with a stick, or by shaking the fist at ‘bin, or presenting a gun or other weapon within anch distances as that a hurt might be given, or drawing a sword and brandishing itin a menacing “hunner; provided the act is done withintent to do #0me corporal hurt. 2 Wash. ©. ©. 435. An assault is an attempt, with force or violence, todo a corporal injury to another, and mey consist’ of any aei tending to such corporal injury, eccompanied with such circumsiunces as denote at the time an iutention, coupled with the present ability, of using actual violence against the person. Hit, $51. An assault isan attempt or offer, with force or violenco, todo a corporal hurt to another, whether from malice or wantonness, with such cireumstantes as denote, at the time, an intention to do it, _ coupled with a prosent ability to carry such iptention into effect. 48 Ala. 854. An assauitis an intentional attempt, by violence, todo an injury to the person of another. It must be intentional: for, if it can be collected, notwithatinding appearances to the coutrary, that there is hota present purpose to do an injury, there is no assuult, 1 Tred. 127, In order to constitute an assault there must be fomething more than amere menace. There must be yioleace begun to be executed, But, where there is a clear inteut to commit violence, accompanied by acts which if not interrupted will be followed by personal injury, the violence is commonced and the assault is complete. 27 Cal. 633.

' 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.

An attempt of one man to do real or apparent, and coupled with real jure. T. Battery. Assayer,/)-. To essay, try. Assaye, nation or trial.