Walters v. StateWalters v. State
- Reporters:
- , ,
- Before:
- Anderson
The presumption of malice that goes with the use of a deadly weapon was completely overcome in this case by the eyewitnesses to the homicide. There was no material conflict in their evidence that the appellant committed the homicide in self-defense. There *710 fore there was no question for the jury to pass upon, and the court should have granted the appellant’s request for a directed verdict of not guilty.
Reversed, and appellant discharged.-