Dumas v. State

1. Plaintiff in error alleges that the court erred in charging the jury as follows: "All essentials of murder, save killing, must exist before one may be convicted of the offense of assault with intent to murder; and in considering the instructions of the court on the subject of assault with intent to murder, you should view the transaction as if death had ensued at the time.” Standing alone this charge would be erroneous, but under the ruling Giddens v. State, ante, 540 (103 S. E. 739), it was not harmful error, as it immediately preceded the following: “You should bear in mind that to…