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PEOPLE v. CHANCE

No. S145458.

44 Cal.4th 1164 (2008)

THE PEOPLE, Plaintiff and Respondent, v. KENNETH WAYNE CHANCE, Defendant and Appellant.

Supreme Court of California.

August 18, 2008.

Attorney(s) appearing for the Case

Richard Power, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney General, Brian G. Smiley, Julie A. Hokans, Janet Neeley, Harry Joseph Colombo and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.

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.)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...

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