Mutual Life Ins. Co. v. Maddox

The issue of fact tried by a jury in this case was whether insured committed suicide. He was killed by a pistol shot. No one saw the act. The proof tending to show suicide was entirely circumstantial. The court charged the jury that there was a presumption against suicide. It refused a special written charge to the effect that "such presumption is not evidence and cannot be treated as evidence by the jury in reaching a verdict." It is urged by appellant that this court give careful consideration to this question and follow in line with the weight of modern authority to the effect that the…