Fortner v. State

(concurring). — I concur in the opinion of, as well as the conclusion reached, by Mr. Justice Davis that the judgment of conviction in this case should be reversed, but in regard to the question of “intent to kill,” as an element of the offense of assault with intent to commit manslaughter, which is not referred to in the opinion, but is discussed in a footnote thereto, I think some further comments might well be made upon what is said in the opinion of Mr. Justice Buford.

The question thus raised is complicated and made difficult by reason of the fact that under our statute the crime of…