a. Facts-
P sued D for battery. D countered by claiming P assaulted D by putting his hand
on his sword and saying “If the courts were not it session, I would not take
such language from you”.
b. Procedural
History- P was entitled to judgment
c. Issue-
Whether the P’s statement and action can constitute assault
d. Holding-
No, P’s statement and action could not constitute assault
e. Rule-
Need both intent and act to constitute assault
f. Rationale-
P did not put apprehension of imminent danger in D
g. Notes:
i.
Words can negate a potential assault…AND
words can also help show an assault
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