Brown v. State

Jenkins, Justice.

1. If the accused admits the killing with a deadly weapon, a presumption of malice will ordinarily thereupon arise, but such is not the ease where he adds an exculpatory explanation which might negative malice. Accordingly, where the judge has given in charge to the jury such general rule- as to the presumption of malice, it would ordinarily be error to refuse a timely written request embodying the qualification thereto that such admission with such an explanation would not create a presumption that the accused was actuated by malice; and this is true even though the charge…