What is ASSATH? Definition of ASSATH in Black's Law Dictionary
An ancient custom in Wells, by which a person accused of crime could clear himself by the oaths of three hundred men. It was abolished by St. 1 Hen. V. c. 6. Cowell; Spelman.
AssAxaz. An intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward person of another, under such circumstances as create well-founded fear of imminent peril, coupled with apparent present ability to execute attempt, if not prevented. State v. Staw, 97 N.J.L. 349, 116 A. 425; Naler v. State, 148 So. 880, 25 Ala.App. 486.
Intention to harm is of the essence, Raefeldt v. Koenig, 152 Wis. 459, 140 N.W. 56, 57, L.R.A.1918E, 1052; but.geperal malevolence or recklessness is sufficient, State v. Fine, 324 Mo. 19 , ence str ing intentionally, or by driving machine in reckless disregard of human lifeand safety is sufficient. Webb v. State, 68 Ga.App. 466, 23 S.E.2d 578, 580. It i . o of Wit. People v. Dong Pok Yip, 164 Cal. 143, 127 P. 1031,1032; hence operation without consent is assau . Dicenzo v. Berg, a. 16 A.2d 15, 6. ssau t must have been unwarranted, but it need not have been committed in anger. McGovern v. Weis, 39 N.Y.S.2d 115, 118, 265 App. Div. 367; hence self-defense is not "assault". City of Gaffney v. Putnam, 197 S.C. 237, 15 S.E.2d 13. 0, 131. Mere words, although provoking or insulting, are insufficient; Western Union Telegraph Co. v. Hill, C.C.A.Ala., 67 F.2d 487; Dahlin v. Fraser, 206 Minn. 476, 288 N.W. 851, 852. In some jurisdictions degrees of the offense are established, as first degree, State v. Laughlin, Mont., 73 P.2d 718, 721; second degree, State v. Reynolds, 94 Wash. 270, 162 P. 358, 359; and third degree, State v. Steele, 83 Wash. 470, 145 P. 581; State v. Laughlin., 105 Mont. 490, 73 P.2d 718, 721.
Aggravated Assault
One committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. This class includes assault with a dangerous or deadly weapon; Brinkley v. State, 82 Tex.Cr.R. 150, 198 S.W. 940; assault upon infants or females, if it create a sense of shame; Wren v. State, 27 Ariz. 491, 232 P. 398; and assault of lust, meaning an assault, less than felonious, with intent to have improper sexual connection; State v. Eslick, Mo.App., 216 S.W. 974, 975.
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