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People v. Chance (2008) , Cal.4th
[No. S145458. Aug. 18, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. KENNETH WAYNE CHANCE, Defendant and Appellant.
(Superior Court of El Dorado County, No. P03CRF0664, Eddie T. Keller, Judge.)
(The Court of Appeal, Third Dist., No. C048825, 141 Cal.App.4th 618.)
(Opinion by Corrigan, J., with George, C. J., Baxter, J., Chin, J., and Moreno, J., concurring. Dissenting opinion by Kennard, J., with Werdegar, J., concurring.)
OPINION
CORRIGAN, J.-
Here we consider the actus reus required for assault. Since 1872, the Penal Code has defined assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." (Pen. Code, § 240.) fn. 1 This case involves only the "present ability" aspect of the crime. Nevertheless, we must consider the effect of statements in prior opinions analyzing the intent required for assault.
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