Jones v. State

Head, Justice.

“If the accused admits the killing with a deadly weapon, but adds an explanation which might negative malice, no presumption that the homicide was murder would arise on such admission; but if no explanation were added tending to reduce the grade of the homicide, that presumption would arise.” Futch v. State, 90 Ga. 472, 473 (8) (16 S. E. 102); Perkins v. State, 124 Ga. 6 (52 S. E. 17); Green v. State, 124 Ga. 343 (52 S. E. 431); Mann v. State, 124 Ga. 760 (53 S. E. 324, 4 L. R. A. (NS) 934). “Where the evidence relied upon by the State to establish the fact of the homicide…