State v. . Hefner

Section 4214 of tbe Consolidated Statutes is in these words: “Any person wbo assaults another with a deadly weapon with intent to kill, and inflicts serious injury not resulting in death, shall be guilty of a felony and shall be punished by imprisonment in tbe State prison or be worked on tbe county roads for a period not less than four months nor more than ten years.”

Tbe essential elements of tbe offense therein denounced are (1) an assault (2) with a deadly weapon (3) with intent to kill and (4) tbe infliction of a serious injury (5) not resulting in death.

An assault is an offer or attempt…