James v. State

The charge of the court fully and fairly presented, with one exception, the law governing the substantial and controlling issues of the case, including the defendant’s contentions; the error being that the court, in charging upon the subject of assault with intent to murder, stated, in substance, that all the rules applicable in a case *750of murder, except the fact of the killing, apply to a case of an assault with intent to murder, whereas there is another vital exception: In a murder case, under certain circumstances, the law presumes malice or the intent to kill on the part of the slayer,…