Burns v. Colley

Plaintiff sued to recover for the alleged wrongful killing of her husband. Petition was filed in Lawrence county, but the venue was changed to Polk county where a trial to a jury resulted in a verdict and judgment for plaintiff in the sum of $3500. Motion for a new trial was overruled and defendant appealed.

Plaintiff alleged that on January 2, 1926, defendant unlawfully, wrongfully, maliciously and intentionally shot and killed her husband, Frank Burns. The answer is a general denial.

Error is assigned (1) on the refusal of an instruction, in the nature of a demurrer to the evidence at the…