State v. Woods

SHARP, Justice.

Defendant brings forward only assignments of error relating to the charge. Assignments Nos. 3 and 6 require discussion.

The portion of the charge which is the subject of Assignment No. 3 follows:

“Where a killing is shown to be intentional, and without legal provocation, and without just cause or excuse or where the killing is shown to be done with a deadly weapon, or in a cruel or in a brutal manner, then the law implies that it was done with malice. When it is established by the evidence that the defendant intentionally killed the deceased with a deadly weapon the law raises…