Hackney v. State

Hawkins, Justice.

1. The excerpt from the charge complained of in the first ground of the amended motion for a new trial — -that, “In the legal sense malice means an intent to kill a human being in a case where the law would neither justify nor in any degree mitigate or excuse the homicide if the killing takes place as intended. In order to constitute malice it is not necessary for the intent to kill to linger in the mind of the slayer for any considerable length of time before the homicide takes place. If there is time enough for the intent to form before the killing, and the killing is…