Gaillard v. State

1. On the trial of one for the offense of murder the court instructed the jury as follows: “The law presumes every homicide to be malicious until the contrary appears from circumstances of alleviation, excuse, or justification: and it is incumbent upon the prisoner to make out such circumstances to the satisfaction of the jury, unless they appear from the evidence produced against him.” The evidence for the State tended to show an intentional killing by the accused, without circumstances of alleviation, excuse, or justification; and there was no error in the charge: Mann v. State, 124 Ga. 761…