Assault

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.