McMullen v. State

The essential elements of the crime of assault with intent to murder are as follows: (a) There must be an assault by one person on another with a weapon that in the manner in which it is used is likely to produce death, (b) The assault must be actuated by malice, either express or implied, (c) The assault must be made with the specific intent to kill on the part of the person making it. See Reddick v. State, 11 Ga. App. 150 (74 S. E. 901); Anderson v. State, 51 Ga. App. 98 (179 S. E. 654). In the instant case the jury was authorized to find that the -assault was committed by the defendant…