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Aug 17th, 2018
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  1.         When fear or apprehension are elements of an offense, testimony of the victim that he was actually afraid or apprehensive is not required; that element of the crime can be established by circumstantial evidence. State v. Spencer, 109 Ariz. 500, 501, 513 P.2d 140, 141 (1973); People v. Harkey, supra. Taken as a whole, the evidence here would support the conclusion that the defendant intentionally placed the officers in reasonable apprehension of imminent physical injury.
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  3.         While the defendant's counsel did a good job of cross-examination, the facts, and not the officer's legal conclusion as to what constitutes the law of assault, are what is important. Here, although the officers may have manifested some doubt as to whether they had been assaulted, Officer Reed said, in testimony elsewhere in the record, that the defendant's actions caused him concern for his own well being. Officer Davis said he thought the defendant very well could have pulled the pin on the grenade and that he had no doubt at the time that the defendant intended to actually assault him.
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