Davis v. State

(After stating the foregoing facts.) Counsel for the defendant contends that the defendant was either guilty of the offense of assault with intent to murder or was not guilty of any offense, and that therefore the verdict of guilty of stabbing is unauthorized. In Lewis v. State, 14 Ga. App. 503, 504 (81 S. E. 378), the following is held: “To constitute the offense of assault with intent to murder, there must be a specific intent to kill. This intent- is not necessarily or conclusively shown by the use of a weapon likely to produce death. The jury should have been given the discretion, under…