Gibbs v. State

Carley, Judge.

Appellant was tried on an indictment charging him with the murder of his wife’s paramour. The jury returned a verdict of guilty of voluntary manslaughter. Appellant appeals from the judgment of conviction and sentence entered on the jury verdict.

1. Appellant’s sole enumeration of error concerns the giving of the following instruction to the jury: “[A]ny idea that a spouse is ever justified in taking the life of another — adulterous spouse or illicit lover — to prevent adultery is uncivilized. This is murder.”

The language of the contested charge appears in Burger v. State, 238…