People v. Yslas
California Supreme Court
27 Cal. 630 (1865)
Relevant factsFree
Yslas (defendant) demanded and received liquor at the victim's house, then threatened to kill her and advanced on her with a raised hatchet after she refused to drink with him; the victim escaped into a locked room, and Yslas struck the door with the hatchet. Yslas was charged with assault with intent to commit murder and requested a jury instruction that an assault is incomplete if interrupted by the victim's escape or by a bystander; the trial court denied the instruction and Yslas was convicted.
IssueFree
Whether an assault is complete when there is a clear intent to commit violence accompanied by acts that would have caused personal injury had they not been interrupted.