Chester v. State

Wyatt, Justice.

The plaintiff in error in his brief contends that the law applicable to the present case is as follows: “Where a defendant admits the perpetration of a homicide, but in connection with such statement gives an explanation justifying or excusing his commission thereof, and there is no other evidence tending to show he killed the deceased, and the circumstances are not such as to authorize the inference of malice, the evidence does not show malice and will not support a finding of murder.” While 'this contention states a correct principle of law, it is not applicable to this case.…