He intentionally swings the hammer in the air such that it came very near to head of B. A swings hammer in the air to put a nail in the wall.Sitting in a hotel, A tells B that he intends to run him over in his car at some point in the future.Naturally, there is no apprehension in mind of immediate application of force. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause B to believe that he is about to cause the dog to release and attack B.Other Examples of Assault and Not an Assault: There is no apprehension or fear in minds of B at the instant when the rifle was levelled at him (because he was unaware of it). B only came to know that the rifled was levelled at him when A was practically disarmed. There should be the present ability of the person to carry out the threat. In this case, there is a gesture but no immediate threat. So the meaning of his utterance was that next time when the judges are not in town he will not listen to such language but will take action. 3) case A placed his hand on his sword and told another, “If it were not assize-time, I would not take such language.” The justices of assize were in town. Assize-time is a period when the judges were in the town for court sessions. Here there is the immediate application of force and in fear, B ducked it.
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