 | Illinois. Supreme Court - 1860 - 712 страница
...Schnier v. People. 9. The court instructs you, that an assault is an unlawful attempt coupled with a present ability to commit a violent injury upon the person of another, and that if you believe, from the evidence in this cause, that the deceased assaulted the defendant... | |
 | Nevada. Supreme Court - 1871 - 472 страница
...George Lambert. The statute of this State defines an assault as " an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another." To constitute, then, the crime of which defendant was convicted, he must have made an unlawful attempt... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 612 страница
...person would have, held to be proper. 4. An instruction that "an assault is an attempt, coupled with an ability, to commit a violent injury upon the person of another," is erroneous. The attempt must be unlawful. (No. 924. Decided June 18, 1898.) Appeal from district court,... | |
 | George Louis Reinhard - 1879 - 588 страница
...ASSAULT — ASSAULT AND BATTERY. Assault. SEC. 1. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another, and every person who shall perpetrate an assault shall, on conviction, be fined in any sum not exceeding... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1881 - 670 страница
...said Joseph Yatro, James Riloy and Henry W. Dickinson then and there, jointly and severally, having the present ability to commit a violent injury upon the person of said Hamilton,) and him, the said Hamilton, did then and there unlawfully, feloniously, forcibly and... | |
 | 1885 - 956 страница
...that he was larger and stronger than defendant. "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another." Comp. Laws 2352. Counsel for the state do not deny that there was testimony which, if credited, tended... | |
 | Arkansas. Supreme Court - 1909 - 668 страница
...request of appellant gave the following: "You are instructed that an assault is an unlawful attempt, coupled with the present ability to commit a violent injury upon the person of another. By the expression, 'coupled with the present ability to commit a violent injury upon the person of... | |
 | Abraham Clark Freeman - 1890 - 1052 страница
...capable of producing death or great bodily harm. "2. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another. "3. An unloaded gun, at a distance of four or five rods from the party alleged to have been assaulted,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1891 - 706 страница
...unlawful and wrongful. Carey v. Sheets, 60 Ind. 17. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another, and a battery is the unlawful touching of the person of another. When it is charged that the defendant... | |
 | 1898 - 1164 страница
...included in the greater. An assault is denned by the statutes of Arizona "to be the unlawful attempt, coupled with the present ability to commit a violent injury upon the person of another." Paragraph 382, Pen. Code. Paragraph 390, Pen. Code, makes such an "assault by an adult male on a child... | |
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Our criminal code defines an assault to be "an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another. 
