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Sapp (D) was an employee of Western Union (D). Mrs. Hill (P) came to the office for a clock repair, D attempted to put his hand on her, requested that she come behind the counter, and allow D to love and pet her. He would fix her clock. P claimed that D then made a grab for her shoulder over the counter. D introduced testimonial and physical photographic evidence that the counter was 4' 2' high and came to D's armpits and the end of his fingers just reached to the outer edge of the counter. D had two or three drinks and was still feeling the effects of the whiskey. Despite the contradicting stories of each party, it was proven that it was unlikely that D could have reached P. Judgment was rendered for P. D appealed on the grounds that there was no apparent ability to carry out his threat.

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