Simmons v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment confinement in the penitentiary for 20 years.

A former appeal of this case is reported in 3 S. W. (2d) 449.

In defining malice the court charged the jury as follows:

“Malice in a legal sense denotes a wrongful act done intentionally without just cause or excuse. The intentional doing of an unlawful act in such a manner and under such circumstances as that the death of a human being may result therefrom is malice. In this connection you are instructed that one who deliberately uses a deadly weapon in such a reckless manner as to evidence a…