FOREST PHILLIPS
v.
STATE
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The Florida Supreme Court affirmed a conviction for assault with intent to commit murder in the second degree, holding that the evidence was sufficient to establish the intent to kill, even without premeditation.
Yes, the evidence was sufficient to establish that the assault was committed with the intent to kill. The court held that intent to kill does not require premeditation but rather a willful and unlawful assault with a deadly weapon that could reasonably be expected to cause death.
“For one to have the intent to kill in the making of the assault does not necessarily mean that he had a premeditated design and fixed purpose to effect death, even for a short time before making the assault, but it means that he willfully and unlawfully makes an assault with á deadly weapon which he knows, or should know, may reasonably be expected to result in the death of the person assaulted.”
This quote defines the necessary intent for assault with intent to commit murder in the second degree, distinguishing it from premeditation.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of assault with intent to commit murder in the second degree. The sole issue on appeal was the sufficiency of the…
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The writ of error brings for review judg- ' ment of assault with intent to commit murder in the second degree.
The only contention urged by the plaintiff in error is that the evidence was not sufficient to establish that the assault was with intent to kill.
The evidence is amply sufficient to warrant the jury in finding that at the time of the assault the accused made such assault with intent to kill. For one to have the intent to kill in the making of the assault does not necessarily mean that he had a premeditated design and fixed purpose to effect death, even for a short time before making the assault, but it means that he willfully and unlawfully makes an assault with á deadly weapon which he knows, or should know, may reasonably be expected to result in the death of the person assaulted. See Jones v. State, 66 Fla. 79, 62 Sou. 899. In a case where if the assaulted person had died of the wound inflicted the accused could have been held to have committed murder in the second degree he may be properly convicted of assault with intent to commit murder in the second degree if, fortunately, the assaulted person does not die of the wound so inflicted. Pyke v. State, 47 Fla. 93, 36 Sou. 577; Feagle v. State, 55 Fla. 13, 46 Sou. 182; Knight v. State, 42 Fla. 546, 28 Sou. 759.
*136The judgment should be affirmed.
So ordered.
Affirmed.
Ellis, P. J., and Terrell, J., concur.
Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
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State v. Uly O. Thompson, 120 Fla. 860 (Fla. 1935)…Circuit shall not exceed one to each fifty thousand people or major fraction thereof.* Under Section 45 of Article V as we have heretofore construed it in connection with Chapter 17085, Acts of 1935 (Advisory Opoinion to the Governor, 120 Fla. 142, 162 Sou. Rep. 346; State, ex rel. Landis, v. Bird, 120 Fla. 780, 163 Sou. Rep. 248, the Governor was authorized, and indeed required, to make the appointment of all authorized Circuit Judges for a new term of office beginning July 30, 1935, and continuing for six yea…
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State v. Bird, 120 Fla. 780 (Fla. 1935)…r cycle terms of six years; to begin sixty days after the statute becomes a law, such date being July 30, 1935, the Act being approved by the Governor, May 31, 1935, thereby [*827] then becoming a law. Advisory Opinion to the Governor, 120 Fla. 142, 162 So. 346; That Circuit Judges in office when Section 45 of Article V of the Constitution was adopted at the general election held November 6, 1934, and who are not appointed or reappointed Circuit Judges' among the reapportioned Circuit Judges, shall not be…1 / 2
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Bailey v. State, 224 So. 2d 296 (Fla. 1969)…when an unlawful assault is committed in such manner and with means as would have resulted in the commission of the crime of murder in the third degree if the injured person had died from the effects of the assault. This Court in Phillips v. State, 120 Fla. 134, 162 So. 346 (1935) held: “ ‘Intent to kill’ in making of an assault does not necessarily mean that defendant had a premeditated design and fixed purpose to effect death, even for a short time before making the assault, but means that he willfully…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 42 Fla. 546 (Fla. 1900)
- Pyke v. State, 47 Fla. 93 (Fla. 1904)
- Drew Feagle v. State, 55 Fla. 13 (Fla. 1908)
- Jones v. State, 66 Fla. 79 (Fla. 1913)