Wright v. State

Atkinson, J.,

concurs in the ruling first stated, but not in all *696that is said in the first part of the opinion; and dissents from the ruling announced in the second division.

An assault is an attempt to commit a violent injury on the person of another (Penal Code (1910) § 95), and is punishable as a misdemeanor. § 96, An assault with intent to murder necessarily involves an intent to kill (Patterson v. State, 85 Ga. 131, supra), and, if committed by use of a weapon likely to produce death, is a felony punishable by confinement in the penitentiary for not less than two years nor longer than ten…