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SMITH v. STATE

33797.

242 Ga. 224 (1978)

248 S.E.2d 634

SMITH v. THE STATE.

Supreme Court of Georgia.

Decided September 6, 1978.

Rehearing Denied September 26, 1978.

Attorney(s) appearing for the Case

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.

JORDAN, Justice.

The appellant was convicted of the murder of her husband, and was given a sentence of life imprisonment. On 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.

The court did not charge on the "presumption of malice." He gave the definition of implied malice as stated in...

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