Lee v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant insists that the trial court committed fundamental error in his instructions on murder without malice. The part of the charge criticized is that paragraph applying the law of murder without malice from the State’s standpoint. In the very next paragraph the jury was instructed that if they had a reasonable doubt whether the killing was done with malice the doubt must be resolved in appellant’s favor, and the punishment should not be for more than five years. No fundamental error appears.

It is again insisted that…