Benton v. State

1. In a trial for assault with intent to murder, the judge charged the jury as follows: “You would consider the testimony precisely as you would if death had resulted from any injury inflicted by the defendant, if any has been proven before you in this case. The only difference is that when death results, the intention to kill is presumed until the contrary appears; but when death does not result, the intention to kill is never presumed. It is a matter of proof, to be determined by the jury under the circumstances.” Held, that this instruction aptly and correctly defines the law Applicable to…