Bailey v. State

Citations

• 76 Fla. 230
• 79 So. 639

Syllabus

<p>1. An assault is an intentional attempt by violence to do an injury to the person of another. There must be an attempt to carry the intention into immediate execution, else it falls short of an actual assault.</p> <p>2. Under an indictment ' for assault with intent to' commit manslaughter where the evidence shows that the defendant came up to one Thompson and drew an axe on him, and told him if he “cheaped” ‘he would split him open with the axe, and that the defendant was over him with the axe drawn but did not strike him and did not strike at him even, and that the said defendant and Thompson were alone in the woods, and he was not prevented from striking by anyone, and was in easy reach of Thompson and could easily have assaulted him if he had so desired, there was no assault and fhere could be no conviction of assault with intent to commit manslaughter or any other crime.</p>