What are the requirements (a) and (b) of a jury in an assault case?

Requisites (a) and (b) are admitted. The absence of reasonable and probable cause is a triable issue, as noted previously. The case law establishes that an absence of reasonable and probable cause can be a basis for inferring malice, see Ferri v. Root discussed previously at paragraph 28. Whether such an inference can or should be drawn will be for the trial court to determine.