Hollingsworth v. State
In Hollingsworth v. State, 366 So. 2d 326 (Ala.1978), the Court of Criminal Appeals of Alabama reversed a conviction for assault.
The defendant shot into a house with all the lights out in the middle of the night.
The Alabama Court reversed the assault conviction because the defendant lacked the present apparent ability to commit the assault.
The Court stated that the State produced no evidence that defendant knew that the house was occupied at the time of the shooting, nor that anyone inside the house was aware that the shooting occurred. Id. at 331-332.
In other words, the defendant did not perceive that he had the present apparent ability to commit an attempted battery variety of assault, nor did the alleged victims perceive that the defendant had the present apparent ability to commit an intent to frighten variety of assault.
Therefore, the court reversed appellant's conviction for assault.