" . . . the evidence, with reasonable inferences therefrom, must be viewed in the light most favorable to the jury's verdict; the jury is assumed to have adopted that evidence which supports its verdict; and, the jury having found the guilt of the accused proved beyond a reasonable doubt, this court will neither weigh the evidence nor appraise the credibility of witnesses. Wilson v. People, 143 Colo. 544, 354 P.2d 588; Herschorn v. People, 108 Colo. 43, 113 P.2d 680, 139 A.L.R. 297." See also People v. Gholston, 164 Colo. 58, 432 P.2d 636. When applying the above test to the facts of this case, we find that there was evidence of present ability and sufficient possession and control of the weapon by the defendant to sustain his conviction.
When asserted against charges that require proof of intent, the defense is generally in the nature of confession and avoidance. See, e.g., People v. Gholston, 164 Colo. 58, 60, 432 P.2d 636, 637 (1967). But when asserted against charges that require proof of recklessness or criminal negligence, the defense is an element-negating denial or traverse.
Act of June 24, 1939, P.L. 872, § 708; 18 Pa.C.S.A. § 4708. As the states have statutorily codified the crime of assault, some have retained the requirement of actual present ability, while others have required only apparent present ability to inflict injury. See Casey v. State, 491 S.W.2d 90 (Tenn.Cr.App. 1972) (apparent); Bass v. State, 232 So.2d 25 (Fla.App. 1970) (apparent); People v. Gholston, 164 Colo. 58, 432 P.2d 636 (1967) (actual); People v. Vaiza, 244 Cal.App.2d 121, 52 Cal.Rptr. 733 (Cal.App. 1966) (actual). In our present Crimes Code, simple assault, 18 Pa.C.S.A. § 2701, requires only apparent ability, i.e., placing the victim in "fear of imminent serious bodily injury."