Walters v. State

Anderson,' J. 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.-