In a lengthy analysis, the Court of Appeal concludes that the Supreme Court committed a mistake of fact, which led to an error of law, in People v. Williams (2001) 26 Cal.4th 779, by concluding that assault does not require an attempt to commit a battery. The Williams court concluded that the definition of assault was initially enacted in 1872, when a closer examination of legislative history indicates it was first enacted in 1852, and required an intent to inflict injury. Nevertheless, the intermediate appellante court was bound to follow Williams, and in any event, any error was harmless.