Warren v. State

The defendant was convicted of second degree murder and the jury fixed her punishment at ten years' imprisonment. It is undisputed that the defendant shot Frazier Mack with a pistol and thereby caused his death.

I

At the conclusion of the court's oral charge defense counsel took exception to that portion of the charge concerning the inference of malice from the use of a deadly weapon. The court charged:

"Sometimes it is hard to tell whether or not criminal malice exists. Therefore in the case of murder, the Jury can presume that malice is present from the use of a deadly weapon. Before malice…