Pacific Mutual Life Insurance v. Ware

Kirby, J.,

(after stating the facts). Appellant insists that the court erred in giving said instruction No. 3, but concedes that the law was pro-perly declared in re-quested instructions Nos. 1 and-2 given by the court applying the principles of law to the case made.

In Mutual Benefit & Health Assn. v. Tilley, 176 Ark. 528, 3 S. W. (2d) 320, the court, in an action by the administrator of the insured to recover -on an accident policy for the death of the insured, who was shot by his wife, the beneficiary under the policy, where the jury found the killing was intentional but not justified, held…