Court of Appeals of Georgia January 27, 1909, 1546 (Rutherford v. State)

Hill, C. J.

1. While a mere threat or menace to commit a violent injury upon the person of another is not sufficient to constitute an assault, yet where the threat or menace is accompanied by an apparent attempt to commit such an injury, and its consummation is prevented, either by the act of the person upon whom the assault is threatened or by the interposition of a third person, the violence