Cade v. State

ON BEHEABING.

February 13,1924.

HAWKINS, Judge.

Appellant contends that it was the duty of the lower court, under the circumstances of this case, to have charged the jury that if appellant did not intend to kill deceased he would not be guilty of any grade of homicide, even though the weapon used was a deadly weapon. We have been unable to reach the conclusion that the proposition contains a sound principle of law, or that the cases cited by appellant sustain it. The language in all opinions must be construed with reference to the particular subject under investigation. In Connell’s case, 46…