Rhodes v. State

Will Rhodes was convicted of murder, with a recommendation to life imprisonment, for the killing of Lucius Cooper. His motion for a new trial being overruled, he excepted. The original motion contained only the general grounds, that the verdict was contrary to law, contrary to the evidence, and without evidence to support it.

1. The first ground of the amended motion complains that the court erred in charging the jury as follows: “Wherever a person kills another, and kills him with an intention to kill him, that intention is malice itself, if it is a deliberate intention unlawfully to take…