State v. Bailey

Lively, Judge:

Upon a verdict of second degree murder defendant was sentenced to confinement for nine years, and he prosecutes error.

The theory of the defense was that defendant’s reason was dethroned and he was mentally incapable of governing himself at the time he fired the fatal shot, because of adulterous relations existing between his wife and the deceased which had come to his knowledge from others and by admissions from the wife and the deceased, a short time before the homicide. Self-defense does not enter into the case. His reason for killing the deceased is expressed by him in these…