Wallace v. State

Fletcher, Chief Justice.

A jury convicted Jermeal Wallace of malice murder and possession of a firearm in the shooting death of Shaun Gunn. Wallace appeals, contending that the trial court erred in charging the jury that the law presumes intent to kill from the use of a deadly weapon and presumes malice from the fact of a killing using a deadly weapon. These charges were clearly improper, and because we cannot say they were harmless beyond a reasonable doubt, we reverse the malice murder conviction. The erroneous charge, however, did not affect the felony murder conviction, and we remand for…