Kelly v. State

— Upon an indictment for an assault with intent to commit murder in the first- degree, Kelley was convicted of an assault with intent to commit manslaughter. On writ of error it is in effect contended that the verdict is contrary to the law applicable to the evidence.

The statutes provide that:

“The unlawful killing of a human being, wiien perpetrated from a premeditated design to effect the death of the person killed or any human being, or when committed in the perpetration of or in the attempt to perpetrate any arson, rape, robbery or burglary, shall be murder in the first degree, and shall…