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O'NEAL v. STATE

19664.

213 Ga. 232 (1957)

98 S.E.2d 376

O'NEAL v. THE STATE.

Supreme Court of Georgia.

Decided May 13, 1957.

Attorney(s) appearing for the Case

Francis Houston, W. P. Strickland, Jr., for plaintiff in error.

Dewey Hayes, Solicitor-General, Eugene Cook, Attorney-General, J. R. Parham, Assistant Attorney-General, contra.

WYATT, Presiding Justice.

1. In so far as the general grounds of the motion for new trial are concerned, the only contention is that the State failed to prove malice. Cases in which the statement is contained that, if the defendant admits the killing, but at the same time and as a part of the statement states facts of justification, "no presumption that the homicide was murder would arise on such admission," among these cases...

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