Hayes v. . Lancaster

An assault is defined: “An attempt or offer to beat another, without touching him; as if one lifts up his cane or his fist in a threatening manner at another; or strikes at him, but misses him.” 3 Black. Comm., 120; 3 Steph. Comm., 469; S. v. Williams, 186 N. C., 627.

Battery: “Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a human being without his consent.” 2 Bish. Crim. Law, sec. 71. The actual offer to use force to the injury of another person is assault; the use of it is battery; hence the two terms are commonly combined in the term “assault and…