Smith v. State

Wyatt, Justice.

We deal first with the general grounds of the motion for new trial. It is contended that there could be no conviction of murder in this case for the reason that no malice, either express or implied, was shown. As evidence of the fact that the question now under consideration presents difficulties, it may be stated that, so far as we have been able to determine, in no case before this court where the question now under considera tion has been raised, in a case involving death as the result of the-decedent’s being struck by an automobile, has there been a full-bench decision.

It…