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HACKNEY v. STATE

16810.

206 Ga. 64 (1949)

55 S.E.2d 704

HACKNEY v. THE STATE.

Supreme Court of Georgia.

October 11, 1949.

Attorney(s) appearing for the Case

Thomas H. Crawford, W. Paul Carpenter, Harris, Henson & Spence, and Charles A. Wofford, for plaintiff in error.

Eugene Cook, Attorney-General, James T. Manning, Solicitor-General, William Butt, and Frank H. Edwards, contra.

HAWKINS, Justice.

1. The excerpt from the charge complained of in the first ground of the amended motion for a new trial — that, "In the legal sense malice means an intent to kill a human being in a case where the law would neither justify nor in any degree mitigate or excuse the homicide if the killing takes place as intended. In order to constitute malice it is not necessary for the intent to kill to linger in the...

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