Opinion
No. 27763.
January 22, 1929.
HOMICIDE. There being no material conflict in evidence that defendant committed homicide in self-defense, court should have directed verdict of not guilty.
Where there was no material conflict in evidence of eyewitnesses that defendant committed homicide in self-defense, there was no question for jury to pass upon, and court should have granted defendant's request for directed verdict of not guilty.
APPEAL from circuit court of Perry county, HON. R.S. HALL, Judge.
Collins Collins and R.A. Wallace, for appellant.
Rufus Creekmore, Assistant Attorney-General, for the state.
Argued orally by Jeff Collins and R.A. Wallace, for appellant, and Rufus Creekmore, for the state.
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. Therefore 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.