1. An act that indicates an intent to kill or seriously harm another person and thus gives that person a justification to use self-defense. [Cases: Assault and Battery 5, 51; Homicide 767. C.J.S. Assault and Battery §§ 8, 64–65, 70.]
2. An outward act, however innocent in itself, done in furtherance of a conspiracy, treason, or criminal attempt. • An overt act is usu. a required element of these crimes. [Cases: Conspiracy 27; Criminal Law 44. C.J.S. Conspiracy §§ 96, 108, 123–126; Criminal Law§§ 114–123.]
3. See ACTUS REUS. — Also termed positive act.
