Painter v. Commonwealth

Henry Boyd Painter was convicted of the murder of his wife, Vallie Mae Simmons Painter, on May 1, 1968, and his punishment fixed at fifty years confinement in the penitentiary. From the judgment of the lower court sentencing the accused in accordance with the jury verdict, we granted defendant a writ of error.

The questions pertinent to this decision concern the failure of the trial court to grant instructions on second degree murder and provocation. Defendant also complains of the actions of the trial court in refusing to admit certain medical evidence he alleges was consistent with his…