Walters v. State ( 1929 )

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 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.-