State v. Jankowitz

Defendant appealed from an order denying his motion for a new trial.

The important question presented by the record is whether the statute, G. S. 1923, § 10098, providing that a person is guilty of assault in the second degree when he “shall assault another with intent to commit a felony,” means that the felony must be an essential ingredient of the attack upon the person assaulted. The appellant’s position might be construed as saying, “Yes, I shot the woman but you cannot convict me because I intended to shoot her husband only.” Some authorities support appellant’s contention. See State v.…