State v. McIver

Tbe defense, contending tbat tbe conduct of tbe defendant as presented in tbe evidence for tbe State, could not be construed as an assault according to accepted legal definitions, presents for consideration a definition of assault, arising through threat or menace, which makes it essential tbat tbe threat be unqualified and tbat there must be a present intent and ability to carry it out. It is pointed out tbat tbe occurrence for which tbe defendant was convicted took place on a much traveled street in the City of Fayetteville, and that there was, therefore, no opportunity to carry out any…