Phillips v. State

The writ of error brings for review judg- ' ment of assault with intent to commit murder in the second degree.

The only contention urged by the plaintiff in error is that the evidence was not sufficient to establish that the assault was with intent to kill.

The evidence is amply sufficient to warrant the jury in finding that at the time of the assault the accused made such assault with intent to kill. For one to have the intent to kill in the making of the assault does not necessarily mean that he had a premeditated design and fixed purpose to effect death, even for a short time before making…