Chase v. State

*998DIMOND, Justice.

Chase admittedly shot his wife to death, climaxing marital difficulties. Within a few minutes he attempted suicide by gunshot but was unsuccessful. At his trial, following an indictment for first degree murder, he relied solely on the defense of insanity. The jury found him guilty of murder in the second degree, and he has appealed.

1.Test of Criminal Responsibility.

Our first question is whether the trial court fairly instructed the jury on criminal responsibility as it related to the defense of insanity. The instruction given read in relevant part as follows :

“Insanity, as the…