Walters v. State
Walters v. State
122 So. 189; 153 Miss. 709; 1929 Miss. LEXIS 99
(Southern Reporter)
Walters v. State
Opinion of the Court
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.-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.