MICHAEL MUNDAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was insufficient to prove the general intent required for aggravated assault.
The defendant was convicted of aggravated assault for running a car against the victim. The victim testified he was blocking the car, and the defendan…
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The appellant was found guilty by a jury of an aggravated assault upon Donald E. Hunt by running an automobile against Hunt. He was adjudicated guilty by the court and sentenced to eighteen months in prison.
On this appeal the appellant who was the defendant urges that the evidence was insufficient to show an intent to assault Hunt. The crime of aggravated assault requires a general intent. McCullers v. State, Fla.App.1968, 206 So.2d 30.
The testimony of the complaining witness, who alone testified that he was assaulted, was that he was attempting to keep the appellant from moving the car. The car was partially blocked in by the complaining witness. The evidence as a whole is as susceptible of the conclusion that appellant was trying to extricate the car, as it is of an intent to assault the witness. An assault is committed by an unlawful offer to injure another with apparent present ability to effectuate the offer under circumstances creating a fear of imminent peril. Motley v. State, 155 Fla.545, 20 So.2d 798 (Fla.1945); Albright v. State, Fla.App.1968, 214 So.2d 887; Bass v. State, Fla.App.1970, 232 So.2d 25.
The judgment is reversed with directions to discharge the appellant.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Motley v. State, 155 Fla. 545 (Fla. 1945)
- Paulet v. Hickey, 206 So. 2d 30 (Fla. 2d DCA 1968)
- Bass v. State, 232 So. 2d 25 (Fla. 1st DCA 1970)
- Albright v. State, 214 So. 2d 887 (Fla. 2d DCA 1968)