Although the terms "assault" and "battery" are found, almost invariably, used in conjunction with each other, the two terms, nevertheless, designate two distinct torts.1 Every battery, however, must include an assault.2

An assault is any attempt or threat to use unlawful violence upon the person of another, coupled with a present ability to carry such threat into execution, and in the absence of circumstances which show that the party making the threats does not intend to carry them out.

A battery is an assault carried into execution.

1 Hunt vs. People, 55 111. App., 111. 2 State vs. Cody, 94 Iowa, 169; 62

N. W., 702; Johnson vs. State, 17 Texas, 515.

Blackstone's definitions of assault and battery-are as follows:3 "Assault: which is an attempt or offer to beat another, without touching him; as if one lifts up his cane, or his fist, in a threatening manner at another; or strikes at him, but misses him; this is an assault insultus which Finch describes to be 'an unlawful setting upon one's person.' This also is an 'inchoate violence,' amounting considerably higher than bare threats;4 and therefore, though no actual suffering is proved, yet the party injured may have redress by action of trespass vi et armis; wherein he shall recover damages as a compensation for the injury. * * * Battery: which is the unlawful beating of another. The least touching of another's person wilfully, or in anger, is a battery; for the law cannot draw the fine between different degrees of violence, and therefore totally prohibits the first and lowest stage of it; every man's person being sacred, and no other having a right to meddle with it in even the slightest manner."

Some other definitions of assault are as follows: "An intentional attempt by force to do an injury to the person of another." 5

"An assault is any attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness, with such circumstances as denote, at the time, an intention to do it, coupled with a present ability to carry such intention into effect."6

"An intentional attempt to strike within striking distance, which fails of its intended effect, either by preventive interference, or by misadventure." 7

3 3 Blackstone's Commentaries, p. 120.

4 It will be noticed that Blackstone's definition of assault is more restricted than the modem definitions.

5 3 Greenleaf on Evidence, Sec. 59, quoted in Sweden vs. State. 19 Ark., 205, 213 and in several other decisions.

6 3 Cyc, 1020.

"An attempt to strike in striking distance, or shoot in shooting distance." 8

Battery has been defined as follows: "A battery, or, as it is sometimes called, an assault and battery, is an unlawful touching of the person of another by the aggressor himself, or by any other substance put in motion by him."9

"An unlawful touching of the person of any individual, in a rude or angry manner, without justification."10

"An unlawful touching, in either a rude, an insolent or an angry manner." 11