State v. McLemore

Goolsby, Judge:

John Thomas McLemore appeals his conviction for the murder of Bobby Childers. A pathologist testified Childers died of head injuries that were consistent with a severe beating administered with fists. The questions on appeal relate to the *92trial judge’s jury charges on malice and reasonable doubt and the trial judge’s failure to instruct the jury on involuntary manslaughter and assault and battery of a high and aggravated nature. We affirm.

I

McLemore argues the trial judge’s instruction on malice1 was erroneous because an implication of malice cannot arise from the use of brutal…