30 Del. 119 | New York Court of General Session of the Peace | 1917
charging the jury, in part:
In order to explain the last requirement it is necessary to tell you briefly what would constitute the crime of murder.
You perceive from what we have said, that before you can convict the accused in manner and form as he stands indicted you must be satisfied that he committed the assault with the intent to kill and that he did it maliciously.
In this case you may give any one of three verdicts. If you are not satisfied from the evidence that the accused committed an assault upon Dobrosielskie, your verdict should be not guilty. If you believe he did commit the assault, but are not satisfied that he committed it with an intent to murder, your verdict should be guilty of assault only, but if you are satisfied that the assault was committed by the accused maliciously, that is, with an intent to murder, your verdict should be guilty in manner and form as he stands indicted.
Verdict, guilty of assault.