Jackson v. State

X. “On tlie trial of one indicted for assault. with, intent to murder by tlie use of a deadly weapon, the burden is on the State to show (1) the assault, (2) the deadly character of the weapon, (3) the intent to take life, a'nd (4) the commission;of the assault under such circumstances that, had death ensued, the.party making the assault. would have been guilty of the offense of murder.” McLane v. *375State, 20 Ga. App. 825 (2) (93 S. E. 558). When an indictment charges the commission of the offense of assault with intent to murder by using a knife such as was “likely to produce'death,” the proof…