State v. De Paolo

Citations

• 26 Del. 176
• 3 Boyce 176
• 84 A. 213
• 1912 Del. LEXIS 17

Syllabus

<p>1. Homicide—“Assault with Intent to Murder”—Elements of Offense—‘ ‘ Assault ’ ’.</p> <p>The offense of “assault with intent to murder” is an “assault”, which is an attempt with force and violence to do injury to the person of another, inspired or accompanied by an intent to murder.</p> <p>2. Homicide—Assault with Intent to Murder—“Intent”.</p> <p>An “intent” to murder, while an essential ingredient of the offense of assault with intent to murder, being entirely a mental operation, may be disclosed by the words of the assailant, or may be inferred from his acts and conduct.</p> <p>3. Homicide—Assault with Intent to Murder—Intent.</p> <p>Where a person voluntarily selects a deadly weapon, as a sharp or heavy instrument or firearm, and wilfully uses it against another in an unlawful manner, and in a way and under circumstances that directly tend to great bodily harm, or that imperil human life, the jury may find that he intended the actual and probable consequences of his acts.</p> <p>4. Homicide—Assault with Intent to Murder—Elements of Offense.</p> <p>In order to convict of assault with intent to murder, it is necessary to establish that the prisoner committed the assault with intent to murder the person injured, and it must also be shown that, if the latter had died from the injuries inflicted or attempted, accused would have been guilty of murder.</p> <p>5. Homicide—“Murder”—What Constitutes.</p> <p>“Murder” is the unlawful killing of a human creature with malice aforethought, either express or implied, and is of the first or second degree, as the malice is express or implied.</p> <p>6. Homicide—“Malice”—What Constitutes.</p> <p>“Malice” is the ingredient that characterizes murder, and distinguishes it from homicide of other grades. It is express when admitted or asserted, or may be implied from any unlawful acts of the assailant which in itself denotes a wicked heart fatally bent on mischief, or a reckless disregard of human life.</p> <p>7. Homicide—Murder—“Imp