State v. Braxton

Appellant was convicted of shooting a man with intent to commit murder. The crime is made such by section 791 of the Revised Statutes, as amended by Act 43 of 1890, p. 37. The only question in the case is whether the judge should have charged the jury — without being especially requested to charge — that the defendant might be found guilty of the crime of shooting with intent to kill. The latter crime is denounced by Act 44 of 1890, p. 37.

The difference between the two crimes is the same as the difference between murder and manslaughter. Malice is an essential element of the one but not of…