Wilcoxin v. Commonwealth

Opinion op the Court by

Judge Carroll

Reversing.

When put upon bis trial for the murder of John Montgomery, the only defense made by the appellant Wilcoxin, was at the time he committed the deed he was insane, and the only errors that we need notice upon this appeal are the ones relating to the in-instructions upon this subject given and refused by the court.

The instructions complained of reads as follows:. “Although you may believe from the evidence to the the exclusion of a reásonable doubt that the defendant, Morrison Wilcoxin, shot and killed J. W. Montgomery, yet if you are satisfied from…