Mississippi Supreme Court, 1929

Walters v. State

Walters v. State
Mississippi Supreme Court · Decided January 22, 1929 · Anderson
122 So. 189; 153 Miss. 709; 1929 Miss. LEXIS 99 (Southern Reporter)

Walters v. State

Opinion of the Court

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.-

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