People v. Messersmith

McKee, J.:

On this appeal it is contended, on behalf of the appellant, that he has not had a fair and impartial trial, because of errors of law committed by the Court below in the charge to the jury. Three instructions given to the jury are challenged: By one of them the jury were told, “That a tendency to commit suicide does not prove insanity, but it is one of the symp*248toms of insanity which it is entirely competent for the jury to take into consideration with all the other symptoms which have been proved, and with all the facts and circumstances of the case;” and by another, “That the burden…