Bennett v. State

Hall, Judge.

In the present case error is assigned on the recharge of the court when the jury, after deliberating a time, requested clarification of the difference between the crime of assault with intent to murder and the crime of stabbing. In response to this request the court charged, in part: “In order to understand the offense of assault with intent to murder, you have to understand the definition of murder, although in an assault with intent to murder death does not ensue, otherwise the offense would be the same as murder. Murder is the unlawful killing of a human being in the peace of…