Yates v. State

The evidence for the state relative to the offense charged is:

"The defendant struck at Noah Pace with a stick * * * each time he was on the outside of my picket fence and I was on the inside, out of his reach."

And again:

"When defendant hit at Noah Pace with a stick he was not standing close enough to hit him; in fact Noah was out of reach of him and that is why he did not hit him."

An assault is an intentional attempt to strike, within striking distance, which fails of its intended effect either by preventive interference or by misadventure. Lane v. State,85 Ala. 11, 4 So. 730. The defendant's…