Buro v. Home Benefit Ass'n

On Rehearing.

In his most able motion for rehearing, appellant vigorously insists that we were in error in affirming the judgment of the trial court. Appellant contends that the trial court should have specifically instructed the jury, in effect, that the burden was upon ap-pellee (defendant) to prove that the insured committed suicide with such a preponderance of evidence as to exclude any reasonable hypothesis of a natural or accidental death, and further that, since suicide was sought to be established by circumstantial evidence, the court should have charged the jury that the evidence and…