Groves

The defendant was charged with the murder of his wife and entered a plea of “Not guilty” and “Not guilty by reason of insanity”. On the plea of “Not guilty” he was tried by a jury which returned a verdict of guilty of murder in the first degree with the recommendation of life imprisonment, and subsequently on the plea of “Not guilty by reason of insanity” the same jury returned a finding that the appellant was sane at the time the crime was committed. Upon the hearing of the motion for a new trial, the trial court reduced the offense to murder in the second degree. This appeal is from the judgment of conviction and from the order denying the motion for a new trial. It was the theory of the defendant on his defense of “Not guilty” that the shooting was accidental, but unfortunately for this theory the deceased was shot not once but twice, and a moment after the shooting the defendant was found unconscious lying face down across the lap of the deceased with a bullet wound in the mastoid bone of his head. No powder burns were found around the wounds of the deceased. Threatening remarks had been made previously by defendant to deceased. The jury did not be *320 lleve defendant’s story…

In a petition for rehearing the defendant contends that this court “should set forth the two instructions offered by the defendant, determine whether or not both, or either of them, are correct statements of the law, recite the evidence adduced by the defendant in support of his theory, and then point out specifically in its Decision wherein this theory was covered by the trial court’s instructions ... ”, i. e., set out in addition certain instructions given by the trial court. He also contends that this court should “set forth in its Decision in substance the testimony of the witness, the physician, admitted into evidence by the trial Court, the objections made thereto and the rulings of the trial Court upon the objections ...” Otherwise, the appellant contends, “he is precluded from and deprived of his right to a review by the highest Court” for the reason that this ease came by direct appeal to this court rather than from the Supreme Court and that in this type of case when a petition for hearing in that court is presented, that tribunal does *322 not look to the underlying record but solely to the opinion. The defendant presents with such assurance and with such a degree of…

Crail, P. J.

The defendant was charged with the murder of his wife and entered a plea of "Not guilty" and "Not guilty by reason of insanity". On the plea of "Not guilty" he was tried by a jury which returned a verdict of guilty of murder in the first degree with the recommendation of life imprisonment, and subsequently on the plea of "Not guilty by reason of insanity" the same jury returned a finding that the appellant was sane at the time the crime was committed. Upon the hearing of the motion for a new trial, the trial court reduced the offense to murder in the second degree. This appeal is from the judgment of conviction and from the order denying the motion for a new trial. It was the theory of the defendant on his defense of "Not guilty" that the shooting was accidental, but unfortunately for this theory the deceased was shot not once but twice, and a moment after the shooting the defendant was found unconscious lying face down across the lap of the deceased with a bullet wound in the mastoid bone of his head. No powder burns were found around the wounds of the deceased. Threatening remarks had been made previously by defendant to deceased. The jury did not believe…