McGehee v. State

Citations

• 62 Miss. 772

Syllabus

<p>Assault. With intent to kill and murder. Mistake as to person assaulted. Section 2711, Code 1880.</p> <p>He who, intending to kill and murder his enemy, mistakes in the dark a friend for such enemy, and assails with a deadly weapon and dangerously wounds his friend, but desists from the attack upon discovering the mistake, is guilty of an assault “ with intent to kill and murder ” within the meaning of j! 2711 of the Code of 1880, which provides that ‘‘Every person who shall be convicted of an assault or assault and battery upon another with any deadly weapon, with intent to kill and murder such other person, shall be punished” with the penalty therein prescribed.</p>