[3]. Blake v. Barnard, 9 Car. & P. 626; State v. Crow, 1 Ired. 375; Commonwealth v. Eyre, 1 S. & R. 347; Biggins v. Gulf R. Co., 102 Tex. 417 Accord. Compare Handy v. Johnson, 5 Md. 450.
Similarly, a mere preparation for a possible assault, but without any act indicating a present intention to do personal violence to another, is not an assault. Lawson v. State, 30 Ala. 14; Godwin v. Collins, 67 Fla. 197; Penny v. State, 114 Ga. 77; Gober v. State, 7 Ga. App. 206; Haupt v. Swenson, 125 Ia. 694; State v. Painter, 67 Mo. 84; State v. Milsaps, 82 N. C. 549. But compare State v. Hampton, 63 N. C. 13.
[4]. Townsdin v. Nutt, 19 Kan. 282; Handy v. Johnson, 5 Md. 450; Fairme’s Case, 5 City Hall Rec. 95; Brister v. State, 40 Tex. Cr. 505; Western T. Co. v. Bowdoin, (Tex. Civ. App.) 168 S. W. 1 Accord. Jones v. State, 89 Ark. 213 (semble) Contra.
Compare Cobbett v. Grey, 4 Ex. 744, per Pollock, C. B.; Burton v. State, 8 Ala. App. 295; Wells v. State, 108 Ark. 312; People v. Lilley, 43 Mich. 521; Grimes v. State, 99 Miss. 232; Commonwealth v. Roman, 52 Pa. Super. Ct. 64; Trimble v. State, 57 Tex. Cr. 439.
In Mortin v. Shoppee, 3 Car. & P. 373, defendant rode up to plaintiff’s gate, plaintiff being in his garden about three yards off, and, shaking his whip, said, “Come out, and I will lick you before your own servants.” Compare People v. Yslas, 27 Cal. 630; State v. Shipman, 81 N. C. 513.
[5]. Only so much of the case is given as relates to the question of assault.
[6]. United States v. Kiernan, 3 Cranch, C. C. 435; Plonty v. Murphy, 82 Minn. 268; People v. Lee, 1 Wheeler, Crim. Cas. 364; State v. Davis, 1 Ired. 125; Alexander v. Blodgett, 44 Vt. 476; Newell v. Whitcher, 53 Vt. 589; Bishop v. Ranney, 59 Vt. 316; Barnes v. Martin, 15 Wis. 240; Keep v. Quallman, 68 Wis. 451 Accord.
[7]. United States v. Myers, 1 Cranch, C. C. 310; Keefe v. State, 19 Ark. 190; Hixson v. Slocum, 156 Ky. 487; State v. Dooley, 121 Mo. 591; State v. Herron, 12 Mont. 230; State v. Morgan, 3 Ired. 186; State v. Cherry, 11 Ired. 475; State v. Church, 63 N. C. 15; Bishop v. Ranney, 59 Vt. 316; French v. Ware, 65 Vt. 338 Accord.
[8]. State v. Church, 63 N. C. 15 Accord.
Firing a revolver in plaintiff’s presence but not at him, intending to frighten him but not to do him any bodily harm, was held not to be an assault. Degenhardt v. Heller, 93 Wis. 662. Compare Nelson v. Crawford, 122 Mich. 466.