95 Ga. 340 | Ga. | 1895
Upon an indictment for murder, it is necessary to allege and prove that the homicide upon which the prosecution is based was committed with malice which was operating upon the mind of the slayer at the time the fatal blow was given. This maybe proven by direct testimony or it may be shown by circumstances, but the fact must, nevertheless, be established. Upon a motion in arrest of judgment after a conviction for the offense of murder, if the allegations of the indictment be sufficient to authorize its admission, this court is bound to presume that the evidence submitted was in accordance with and sufficient to establish the allegations in the indictment. The motion in arrest of judgment in this case is based upon four grounds, the only two (the third and fourth, the first and second being included in the