Diamond v. State

Appellant was charged by indictment with the murder of his wife, Nettie Diamond. Upon a trial by a jury he was convicted of murder in the first degree and, in accordance with the verdict of the jury, he was sentenced to death.

Appellant has assigned as error in this court the overruling of his motion for a new trial, which contained the various assignments we shall hereafter discuss.

The first proposition advanced by appellant is that the court below erred in refusing to give to the jury the following instruction requested by appellant: "The jury are 1. instructed that when two or more persons…