 | 1900 - 534 sider
...offense may be easily understood by the Jury." VOL. 50 No. 5 The criminal statute defines an assault as "an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another." The crime itself involved in the principal case under consideration, le... | |
 | Lebert Howard Weir, National Recreation Association - 1928 - 552 sider
...Assault. (4) Assault and battery. (c) Assault with an intent. (d) Assault with a deadly weapon. A. (a) An assault is an unlawful attempt coupled with a present ability to commit a violent injury on the person of another. (4) Assault and battery is the unlawful beating of another. (c) Assault with... | |
 | 1911 - 964 sider
...when defendant said to Freehardt, "I have got you now," and to further justify the verdict rendered. "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." (Pen. Code, sec. 242.) The jury having found that the gun was loaded, the... | |
 | 1911 - 994 sider
...immediate presence, and against his will, accomplished by means of force or fear." (Pen. Code, sec. 211.) "An assault is an unlawful attempt, coupled with a present ability, to cominit a violent injury on the person of another." (Pen. Code, sec. 240.) The argument is that the... | |
 | Ray C. Rist - 1974 - 304 sider
...possibility is to expand the concepts of assault and battery. California defines a criminal assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"42 and a battery as "any willful and unlawful use of force or violence upon... | |
 | O. W. Markley, Marilyn D. Bagley - 1975 - 312 sider
...killing of a human being with malice aforethought (B1-S-03-3-4-YN) Penal Code California 14O - Aeaault - unlawful attempt coupled with a present ability, to commit a violent injury on the person of another (B1-S-03-3-4-YM) e US Constitution - 10th Amendment - Denies general police... | |
 | Del Martin - 1981 - 308 sider
...state to state. In California, among other states, assault and battery are defined by the penal code: “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” [whereasj “A battery is any willful and unlawful use of force or violence... | |
 | Henry Campbell Black - 1991 - 1266 sider
...peculiar outrage or atrocity. Simple assault 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 assault is an attempt to commit a violent injury... | |
 | California. Supreme Court - 1906 - 822 sider
...instructions referred to in the opinion which was objected to by counsel for defendant is as follows : "An assault is an unlawful attempt coupled with a...commit a violent injury upon the person of another. It is not a defense against the charge of rape actually committed upon a child under fourteen years... | |
 | California. Supreme Court - 1906 - 790 sider
...assault was not proved, because the case shows defendant was not present when the explosion occurred. " An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." (Pen. Code, § 240.) It has been said that the attempt must be apparent.... | |
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An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 
