Selph

This is an appeal by the defendant from a judgment sentencing him to life imprisonment upon a verdict finding him guilty of murder in the first degree and from an order denying his motion for a new trial.

There is and can be no question raised concerning the commission of the homicide by him. On the morning of September 3, 1929, the appellant was seen to chase the decedent, Mrs. Georgia Greggins Bowman out of the house in which they were living together, firing at her with a revolver. She ran out towards her automobile, parked in front of the house, but fell to the ground just before reaching it. After she had fallen the appellant stood over her and continued to fire shots into the body.

However, the appellant contends that the evidence is insufficient to support the verdict of the jury because it fails to show that the homicide v^as “malicious, designed or premeditated.” He also asserts that the court committed error in precluding him from introducing evidence relative to the intoxicated condition of the appellant for a longer period than three weeks prior to the killing.

The arguments thus advanced render it necessary for us to recite the testimony introduced by the…