Smith v. State

Special grounds 4, 5, and 6 of the amended motion for new trial complain of the following excerpt from the charge of the court: “Intent to murder is shown by the evidence, by what kind of instrument was used, and how it was used, whether it was used to shoot at a man,” As stated in Manders v. State, 69 Ga. App. 875 (4) (27 S. E. 2d 105): “In a trial for assault with intent to murder, the question of intent is for the jury. To authorize a conviction for an assault with intent to murder, a deliberate intent to kill must be shown at the time of the assault. Such intent may be inferred by the…