Green v. State

Evans, Judge.

1. The defendant was indicted for assault with intent to murder and convicted of shooting at another. His sworn testimony is that he did intentionally shoot toward the victim, but aimed at his side intending not to hit him but only to deter him from advancing with a knife. No defense of misfortune or accident is involved under these circumstances. The intent follows the bullet, and it was a jury question whether the intent was to shoot in self-defense or revenge. The court did not err in failing to charge the law of accident. By the same reasoning, the charge on malice as given…