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Tuberville v Savage (1669) 1 Mod Rep 3 King's Bench Division

 

The defendant put his hand on his sword and stated, 'if it were not assize-time, I would not take such language from you'. Assize-time is when the judges were in the town for court sessions.

 

It was held that this did not amount to an assault as the words indicated that no violence would ensue.
 
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