Walker v. State

on rehearing.

May 23, 1923.

LATTIMORE, Judge.

Appellant insists that the evidence as to the character of weapon used by him in the fatal difficulty is such that the learned trial judge erred in submitting the law of murder. The matter was discussed in our original opinion but deference to the insistence of appellant has led to another review. If one, not in self-defense or not under circumstances reducing to manslaughter, intentionally assault another with a deadly weapon and death ensue, it is murder; whether such assault be in self-defense or be reducible to manslaughter, or be murder, — are…