State v. Reece

BECTON, Judge.

The trial court submitted assault with a deadly weapon with intent to kill inflicting serious injury and assault with a deadly weapon inflicting serious injury as possible guilty verdicts. In explaining to the jury the “intent to kill” element of the greater offense, the trial court stated the following:

Thirdly, it is also charged that the Defendant assaulted the prosecuting witness with the specific intent to kill him. *402So, it’s necessary for the Court to give you the legal definition of intent to kill, Ladies and Gentlemen.

Intent is an act or emotion of the mind; seldom, if…