State Kidwell

PouttjMbaiUtIOR, Judge:

James Kid well, under sentence of imprisonment for a period of ten years, for the murder of his wife, pronounced by the criminal court of Raleigh county, complains among other things, of the action of the court in refusing to give certain instructions and to set aside the verdict of the jury because of its alleged error in refusing them.

Testimony having been introduced, tending to show that, for a period of several clays, namely, from about the 15th or 18th day of January, 1907, until the first day of February, in said year, when the homicide occurred, he and his wife,…