People v. Yslas (1865) 27 Cal. 630 construed the 1850 statute as incorporating the common law definition of assault. "The common law definition of an assault is substantially the same as that found in the statute. (1 Russell on Crimes (1853) 748; 1 Wharton, Sec. 1241.)" (People v. Yslas, supra, 27 Cal. at p. 633.) 1 Russell on Crimes states: "An assault is an attempt or offer, with force and violence, to do a corporal hurt to another; as by striking at another with a stick or other weapon . . . ." (At p. 748.) 1 Wharton, American Criminal Law (1861) chapter 8, section 1241, page 663, states: " 1241. An assault is an intentional attempt, by violence, to do an injury to another. The attempt must be intentional; for, if it can be collected, notwithstanding appearances to the contrary, that there is not a present purpose to do injury, there is no assault." ( ) Wharton, American Criminal Law, supra, section 1242, in relevant part, also states: " 'It must also', to adopt the language of the late Judge Gaston, 'amount to an attempt; for a purpose to commit violence, however fully indicated, if not accompanied by an effort to carry it into immediate execution, falls short of an actual assault.' " (Ibid.) The court reads the common law as: "In order to constitute an assault there must be something more than a mere menace. There must be violence begun to be executed. But where there is a clear intent to commit violence accompanied by acts which if not interrupted will be followed by personal injury, the violence is commenced and the assault is complete." (Ibid.)