85 BATTERY: Causing another to be medically examined against his or her will: LATTER V. BRADDELL (1881) 28 W R. (Eng) 239. In STEPHENS V. MYERS (1830) 4C & P. 349 Plaintiff was the chairman of a parish meeting. Defendant having been very vociferous, a motion made and accepted by a large majority that Defendant should be turned out of the meeting. Defendant said angrily that he would rather pull the chairman out of the chair than be turned out of the room, he immediately advanced with his fist clenched towards the Chairman. Defendant was not near enough for any possible blow to Plaintiff (Chairman). It was argued for the defendant that no Assault had been committed, as there was no power in the defendant, from the situation of the parties, to execute his threat. That at the time he was stopped the Defendant had not the means of executing his intention. Jury found for Plaintiff and awarded one Shilling. TINDAL, C.J. was called upon on appeal to determine whether there was Assault. He said that there was an Assault in Law: "It is not every threat, when there is no actual personal violence, that constitutes an assault, there must, in all cases, be the means of carrying the threat into effect. The question I shall leave to you will be, whether the Defendant was advancing at the time, in a threatening attitude, to strike the chairman, so that his blow would almost immediately have reached the Chairman, if he had not been stopped; then, though he was not near enough at the time
