KFLCC Kingdom Law 2nd Ed.

93

ASSEMBLY

ASSASSINATION

trary, that there is not a present purpose to do an injury, there is no assault. State v. Davis, 23 N. C. 127, 35 Am. Dec. 735. In order to constitute an assault there must be something more than a mere menace. There must be violence begun to be executed. But, where there is a clear intent to commit violence, accompanied by acts which if not interrupted, will be followed by personal injury, the violence is commenced and the assault is complete. Peo ple v. Yslas, 27 Cal. 633. Simple assault. An offer or attempt to do bodily harm which falls short of an actual bat tery ; an offer or attempt to beat another, but without touching him; for example, a bio w delivered within striking distance, but which does not reach its mark. See State v. Light sey, 43 S. O. 114, 20 S. E. 975; Norton v. State, 14 Tex. 393. ASSAY. The proof or trial, by chemical experiments, of the purity or fineness of met als,—particularly of the precious metals, gold and silver. A trial of weights and measures by a standard; as by the constituted authorities, clerks of markets, etc. Reg. Orig. 280. A trial or/examination of certain commod ities, as bread, cloths, etc. Cowell; Blount —Assay office. The staff of persons by whom (or the building in which) the process of assay ing gold and silver, required by government, inr cidental to maintaining the coinage, is con ducted. ASSAYEEt. One whose business it is to make assays of the precious metals. —Assayer of the king. An officer of the royal mint, appointed by St 2 Hen. VI. c. 12, who received and tested the bullion taken in for coining; also called "assayator regis." Cow ell ; Termes de la Ley. ASSECTJRARE. To assure, or make se cure by pledges, or any solemn interposition of faith. Cowell; Spelman. ASSECURATION. In European law. Assurance; insurance of a vessel, freight, or cargo. Ferriere. ASSECURATOR. In maritime law. An insurer, (aversor periculi.) Locc. de Jure Mar. lib. 2, c. 5, § 10. ASSKDATION. In Scotch law. An old term, used indiscriminately to signify a lease or feu-right Bell; Ersk. Inst. 2, 6, 20. ASSEMBLY. The concourse or meeting together of a considerable number of persons at the same place. Also the persons so gathered. Popular assemblies are those where the people meet to deliberate upon their rights; these are guafanteed by the constitution. Const. U. S. Amend, art 1. The lower or more numerous branch of the legislature in many of the states is also call ed the "Assembly" or "House of Assembly," but the term seems to be an appropriate one to designate any political meeting required to be held by law. —Assembly general. The highest ecclesias tical court in Scotland, composed of a repre- i

the plucking them up by the roots and ut terly destroying them, so that they can never afterward grow. This is not an offense if done with license to convert forest into til lage ground. Consult Mantcood's Forest Laws, pi. I, p. 171. Wharton. Murder committed for hire, without provocation or cause of resentment given to the murderer by the person upon whom the crime is committed. Ersk. Inst. 4, 4, 45. A murder committed treacherously, or by stealth or surprise, or by lying in wait. ASSATH. 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. ASSATJXT. An unlawful attempt or of fer, on the part of one man, with force or violence, to inflict a bodily hurt upon an other. An attempt or offer to beat another, with out touching him; as if one lifts up his cane or his fist in a threatening manner at an other ; or strikes at him, but misses him. 3 Bl. Comm. 120; 3 Steph. Comm. 469. Aggravated assault is one committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. Simple as sault 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 in jury on the person of another. Pen. Code Oal. § 240. An assault is an attempt to commit a violent injury on the person of another. Code Ga. 1882, § 4357. An assault is any willful and unlawful at tempt or offer, with force or violence, to do a corporal hurt to another. Pen. Code Dak. { 305. An assault is an offer or an attempt to do a corporal injury to another; as by striking at him with the hand, or with a stick, or by shaking the fist at him, or presenting a gun or other weapon within such distance as that a hurt might be given, or drawing a sword and brandishing it in a menacing manner; provid ed the act is done with intent to do some cor poral hurt. United States v. Hand, 2 Wash. C. C. 435, Fed. Cas. No. 15,297. An assault is an attempt, with force or vio lence, to do a corporal injury to another, and may consist of any act tending to such corporal injury, accompanied with such circumstances as denote at the time an intention, coupled with the present ability, of using actual vio lence against the person. Hays v. People, 1 Hill (N. Y.) 351. An assault is an attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness, with such circumstances as denote, at the time, an in tention to do it, coupled with a present ability to carrv such intention into effect. Tarver v. State. 43 Ala. 354. An assault is an intentional attempt, by vio lence, to do an injury to the person of another. It must be intentional; for, if it can be col lected, notwithstanding appearances to the con ASSASSINATION.