Kelly v. State

Citations

• 78 Fla. 636

Syllabus

<p>In a prosecution for assault with intent to commit murder in the first degree, where the evidence is legally sufficient as a predicate for a finding of an assault with intent to kill by an act of culpable negligence, which would have constituted manslaughter if death had ensued, and where the evidence would also justify a finding of'an assault with intent t’o kill, by an act imminently dangerous to the person assaulted and evincing a depraved mind regardless of human life, although without any premeditated.design to effect death, which would have .constituted murder in the second degree if death had ensued, a verdict of guilty of an assault with intent to Commit manslaughter will be sustained.</p>