Williams v. State

Citations

• 41 Fla. 295

Syllabus

<p>1. One who assaults another with intent to kill him, under such circumstances as that had the assault resulted in the death of such other the homicide would have been manslaughter, may, under Section 2403, Revised Statutes, be convicted and punished for assault with intent to commit a felony.</p> <p>2. An indictment charging an assault with intent to commit the felony of murder in the highest degree, charges likewise an assault with intent to commit every grade or degree of unlawful homicide that can be committed in pursuance of a homicidal intent, and is sufficient to sustain a conviction for assault with intent to commit the felony of manslaughter.</p> <p>3. One who assaults another with a deadly weapon, not having a premeditated design to effect the latter’s death, may be convicted of an aggravated assault under Section 2402, Revised Statutes, but if the assault is made with homicidal intent and under such circumstances that had it resulted in the death of the person assaulted, the person committing such assault would have been guilty of manslaughter, he may be convicted of an assault with intent to commit a felony under Section 2403, Revised Statutes.</p>