242 GA 224 - Smith v. State

How this case has been cited

Cited by 11 later decisions — most recently January 1998

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Jordan, Justice.

¶1The appellant was convicted of the murder of her husband, and was given a sentence of life imprisonment. *225On appeal she contends that the court erred in charging on the "presumption of malice,” and "implied malice,” and in not charging that the evidence did not raise a presumption of malice.

Argued July 11, 1978Decided September 6, 1978Rehearing denied September 26, 1978.Guy Velpoe Roberts, Jr., for appellant.D. E. Turk, District Attorney, Gary C. Christy, Assistant District Attorney, Arthur K. Bolton, Attorney General, William B. Hill, Jr., Staff Assistant Attorney General, for appellee.

¶2The court did not charge on the "presumption of malice.” He gave the definition of implied malice as stated in the statute defining murder. Code Ann. § 26-1101 (Ga. L. 1968, pp. 1249, 1276).

¶3Under the evidence the court did not err in presenting the issue of implied malice to the jury, and did not err in failing to charge that the evidence did not raise a presumption of malice. See Jones v. State, 234 Ga. 648 (217 SE2d 597) (1975).

¶4Judgment affirmed.

All the Justices concur.