Bridges v. State

Alexander, J.,

delivered tbe opinion of tbe court.

Appellant was convicted of an assault with intent to murder. We need not recount tbe testimony since it completely justifies tbe verdict.

The following instruction was given for the state: ‘ ‘ The court instructs the jury for the State that malice is implied by law from the nature and character of the weapon used and that the use of the deadly weapon in a difficulty and not necessarily in self defense is in law evidence of malice.”

The errors in this instruction are seen at a glance. When the entire case is before the jury there is no need nor…