State v. Maxey

Littlejohn, Justice.

The defendant, Jacob L. Maxey, was tried upon an indictment charging him with the murder of James Davis. He was found guilty of murder by a jury and received the mandatory sentence of life imprisonment. He has appealed, contending that the trial judge erred in the following three particulars:

1. In charging the jury that malice is presumed from the use of a deadly weapon,

2. In refusing to allow the defendant’s mother to testify as to what he told her subsequent to the shooting, and

3. In refusing to charge the jury the law of involuntary manslaughter.

On the evening of…