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COLBERT v. STATE

33499.

84 Ga. App. 632 (1951)

66 S.E.2d 836

COLBERT v. THE STATE.

Court of Appeals of Georgia.

Decided September 17, 1951.

Attorney(s) appearing for the Case

Stevens & Stevens, for plaintiff in error.

J. Cecil Davis, Solicitor-General, contra.

MacINTYRE, P. J.

1. (a). "From the use of a deadly weapon in a manner calculated to injure, the law will presume an intention to injure; or from the use of it with an intention to kill, in a manner calculated to accomplish the intention, the law will presume that, had the killing taken place, the homicide would have been murder. But this is as far as the mere legal presumption as to malice or intent will go, on...

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