Kelly

Appellant was indicted, tried and convicted, by a jury, of murder in the first degree without capital punishment.

Upon this appeal, he contends that the verdict of the jury was both contrary to the weight of the evidence and not supported by substantial evidence. We have thoroughly studied the record and considered the arguments made and conclude that the verdict is not contrary to the weight of the evidence and is supported by substantial evidence.

Appellant has also urged that the trial judge committed prejudicial error in not striking evidence elicited by the Government on cross examination of the wife of appellant to the effect that in family quarrels between appellant and his wife, there were times when appellant beat his wife. The basis of the contention of appellant is that this testimony amounted to evidence of an independent crime unrelated to that charged in the indictment. The record shows that appellant interposed no objection or exception to this testimony and in fact later acknowledged by his counsel that he had no objection. Nevertheless we have considered this contention to see whether or not the circumstances were so exceptional that the testimony seriously…