State v. Luppes

OXBERGER, Chief Judge.

This appeal requires us to interpret for the first time the statute regarding punishment for assault. Our code provides for three ways in which an assault may occur. The first two involve an act on the part of the defendant, coupled with the apparent ability to carry out that act. Iowa Code § 708.1(l)-(2) (1983). Under one version, the defendant shows the intent to cause pain, injury, or physical contact which will be insulting or offensive to another. Id. § 708.1(1). The second version requires an intent to place the victim in fear of the above results. The third method…