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BRITT v. STATE

No. 30,111.

242 Ind. 548 (1962)

180 N.E.2d 235

BRITT v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed February 27, 1962.

Attorney(s) appearing for the Case

John G. Bunner, of Evansville, for appellant.

Edwin K. Steers, Attorney General, and Carl E. Van Dorn, Deputy Attorney General, for appellee.

ARTERBURN, J.

This is an appeal from a judgment of conviction of appellant of the crime of assault and battery with intent to kill under Burns' § 10-401a. Under the motion for a new trial the appellant claims error in the giving of instructions numbered 1, 2 and 4 by the court. Instruction number 1, with the objections thereto, reads as follows:

"INSTRUCTION NO. 1 "You are instructed that malice may be inferred from the use of a deadly weapon...

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