Gunn v. State

(dissenting). — After much thought and research my associates have determined that it is questionable whether the evidence is such as calls for a charge on the presumption arising from the use of a deadly weapon; that if under the facts such a charge would have been appropriate, its omission in the instant case was not error authorizing a reversal of the judgment. In forming this conclusion, if I properly comprehend their view, they are of the opinion that taking into account the charge that was given and the facts in hand a reversal should not result for the reason that the omission was not…