Lowery v. State

ALMON, Judge.

Appellant was convicted of murder in the second degree and sentenced to serve twenty years in the penitentiary.

There is no need to set out the facts of this case because of our conclusion that the judgment must be reversed because of the trial court’s oral charge to the jury. Suffice it to say the shooting occurred at a Montgomery night club. There was ample evidence to submit the question of appellant’s guilt to the jury.

The court in its oral charge to the jury gave the following definition of malice:

“Malice, in the common acceptation, malice means hatred or ill will toward…