People v. Taylor

Defendant was convicted, after bench trial, of aggravated assault, after she yelled profanities at deputy sheriff who was ushering her out of courthouse, and issued a final verbal threat as she exited through airlock doors, venting her displeasure. In light of spatial differences, and other circumstances reflected in the record,evidence was insufficient to support the determination beyond a reasonable doubt that deputy was placed in objective and reasonable apprehension of receiving a battery. Mere words alone without a gesture objectively does not place a person in reasonable apprehension of receiving a battery. (PALMER and REYES, concurring.)