Kincaid v. State

ON appellant’s motion for rehearing.

BEAUCHAMP, Judge.

Appellant’s motion for rehearing presents no new question and, though agreeing with the law announced in the original opinion, strenuously differs with the court’s idea of its application in the instant case. In turn, the writer agrees with the statement of law in appellant’s motion for rehearing, but finds no evidence that would justify the application of such principles in the case now before us. The test of an assault with intent to murder is whether or not the accused would be guilty of murder with malice had death resulted. Under the…