Santee

This action was commenced by the appellee to recover the proceeds of aj $7,509 accident insurance policy issued by appellant to Charles L. Santee, deceased. The policy insured “against bodily injury sustained during the life of this policy directly and independently of all other causes through accidental means.”

The insured died on September 15, 1931, during the life of the policy in suit. The complaint alleges, and the answer admits, that the death of the insured was caused by gunshot wounds inflicted about an hour previous to his death by a revolver fired by one W. B. Mahan. Malian and his wife were the only witnesses to the killing, and they both *725 refused to testify in regard to the shooting, on the ground that their testimony might tend to incriminate them. There was no evidence, tli ere fore, regarding the circumstances surrounding the insured’s death. However, it was conceded that the injuries which caused the death wore external and violent, and the issue was whether death occurred “through accidental means.”

It was stipulated that the jury be discharged. Both sides moved for a directed verdict, and the court ruled in favor of the appellee. Appellant concedes that…