Boyle v. State

• Decision Date: 10 May 1934
• Docket Number: 6 Div. 365.
• Citation: Boyle v. State, 229 Ala. 212, 154 So. 575 (Ala. 1934)
• Parties: BOYLE v. STATE. [a1]
• Court: Alabama Supreme Court

154 So. 575

229 Ala. 212

BOYLE v. STATE. ^[a1]

6 Div. 365.

Supreme Court of Alabama

May 10, 1934

Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge.

John R Boyle was convicted of murder in the first degree, and he appeals.

Reversed and remanded.

In murder prosecution where accused pleaded insanity, overruling objections to state's argument pertaining to result of sending accused to insane asylum and suggesting possibility of release held error.

John R Boyle was indicted, tried, and convicted of the murder of his mother, Jessie Ann Boyle, and his punishment fixed at imprisonment for life.

The defendant pleaded "not guilty" and "not guilty by reason of insanity."

The tendencies of the evidence, other than opinion evidence, on the issue of insanity, are quite fully summarized in the hypothetical question propounded by defendant's counsel to specialists in psychiatry as follows: "Assuming that John R. Boyle is a man 38 years of age; that his grandfather John R. Boyle, was insane for a long period of years; that his father and mother were first cousins; that his paternal grandfather and grandmother were cousins; that his only sister was drowned while he was about six or seven years old his sister being about 13 years of age, shy by nature and given to stuttering, and a peculiar child; that he had no brothers; that his father, Peter A. Boyle, died in 1921 leaving his property to John R. Boyle and his mother, Jessie A. Boyle, in common; that during childhood defendant received his education in part by tutoring from his mother, and that throughout his life the relationship between him and his mother was extremely close, to such an extent that he saw her almost every day, called her on the telephone daily and went to church with her almost every Sunday, even after his marriage; that mother and son were accustomed to remaining together talking for long periods of time and were greatly affectionate with each other; that on call from her, whether important or unimportant, Boyle would leave his business and clients to respond; that until his entrance into the United States Army Boyle lived at home and so lived after his return from the army until shortly after the time of his marriage, in the same affectionate intimacy heretofore described; that following their separation with his marriage he continued the same affectionate contact with her, seeing her daily and accompanying her to church on Sundays, and eating breakfast with her twice weekly; that he devoted much thought to her happiness and comfort always; that Boyle from his youth had always been of a retiring disposition, extremely sensitive an ego eccentric, very high strung and nervous, careful of his clothing and personal appearance, thoughtful and very reserved, an excellent student in school and college, enjoying the company of books to the virtual exclusion of normal contacts with the other sex, liking intensive reading, courteous and kindly in all his contacts; that his mannerisms were somewhat studied with a cautious exactitude of expression and with an extremely careful attention to dress; that his characteristics were definitely those of an introvert rather than an extrovert; that Boyle during his service in the United States Army was treated for hyperthyroidism and has since that time had the protruding eyes characteristic of that disease; that until the first portion of 1932 Boyle engaged successfully in the law practice in Birmingham since his discharge from the United States Army; that in addition to the close personal and affectionate relationship heretofore mentioned, Boyle had entire charge of the property and affairs of his mother, and made decisions and contracted for her as if such property were his own; that he had absolute control and power of disposition of her property, and their relations were such that she would give him any or all of her property on his request; that in his business affairs Boyle was customarily punctual and careful and had the confidence of those who knew him; that his social relationships were normal, considering his reserved disposition, and he was careful and considerate of others, courteous and kindly; that Boyle married in 1925 or 1926 a woman with an income and property of her own; that he had notwithstanding maintained his household with her and cared for their expenses out of his own income and property; that in his attentions to her he was always considerate, thoughtful and affectionate; that he devoted his time to his law practice and to the maintenance and comfort of his home, with normal social contacts; that beginning about January 1932, a change became apparent in the personality, personal appearance and habits and mind of Boyle; a peculiar look developed about his eyes; he became more nervous, the protrusion of his eyes heretofore described became more pronounced, his eyes became red and glaring; he became forgetful and on occasions made denial of facts which were known to be true, or assumed facts known to be untrue, and contradicted himself within a few sentences; he developed the habit of repetition of ideas, forgot conversations and agreements within a short time, overlooked engagements and promises; that he developed incoherences in speech, and affirmed the existence of family relationships and sicknesses which were nonexistent; that his financial affairs became involved and his income seriously impaired; that he suffered from delusions as to his finances, thought he was to receive large sums of money, and claimed to possess funds or to be paid and receive funds when such claims were visionary and untrue; that he lost all regard for his reputation for business integrity; that he developed a petulance and lost the attitude which had distinguished him; that he suffered under delusions with reference to his financial affairs, and made irrational statements with reference to them, these statements having been made to persons who knew that they were untrue, and when Boyle, if sane, must have known that they knew them to be false; that he had delusions as to a new client he was securing and the fees to be received thereby; his manner became visionary and grandiloquent; although in debt he did not curtail expenditures, and planned on purchasing expensive automobiles and taking expensive vacations abroad; he became at times incoherent in thought and conversation; that Boyle had drawn for his mother a will during the month of April 1932, under the terms of which he was residuary legatee, and by the death of his mother a bequest of fifty dollars per month was attached to the most valuable piece of her property during the life of an aunt; that at the time of making the will, and at the time of Mrs. Boyle's death, this piece of property was the only piece she possessed having a value above the taxes and incumbrances, with the single exception of the dwelling house; that at the time of her death there was no market for that dwelling house, and no market for any other piece of property; that by her death little if any ultimate and no immediate financial advantage would accrue to Boyle; that his mother had less than one hundred dollars in the bank, no personal property other than said money, except furniture, trinkets and a small amount of jewelry; that against the property upon which the bequest was fastened there were assessments for municipal improvements in the amount of nearly four thousand dollars; that against the home there were unpaid taxes and assessments; against all other real property there were mortgages in amount over the present value of said property; that Boyle was in position to know this situation if capable of comprehending it, and, if sane, of knowing that upon the death of his motherhe could only acquire the property, in the event there remained any, after a delay of several months, and after the payment of debts, funeral expenses and bequests in the will; that against the home of Boyle there were unpaid past due taxes and assessments; that the income from his mother's property had become greatly lessened in amount, and his own income had nearly ceased; that he had given checks against funds not in the bank on several occasions; that this had never been done by him previously; that he habitually absented himself from his office and neglected his business and appointments, and sought continually the companionship of his mother, going with her on automobile rides and riding aimlessly around for many hours at a time both day and night; that he arose very early and went to the Country Club where he would sit or stand in the locker room alone, facing a glazed window as if looking out, wash in one room and then in a few minutes going into another wash room and washing again; that on a day three or four days before the tragedy he failed to return home, although he knew that guests were in his house, until two or three o'clock in the morning; that during this time he was riding about with his mother; that his habits as to sleeping were entirely changed; that he suffered delusions concerning his financial affairs; that he had been for several years a free bleeder and at the sight of blood would become faint and sick.Assuming further that on the 13th day of June 1932, Boyle rode with his mother from morning until the middle of the afternoon, then got out of the car with her at a place on Shades Mountain; that in front of them was a rock cliff with a sheer drop of about one hundred feet; that in the automobile was a small bottle of chloroform and a bath towel, and in his pocket a small pen knife; that he took her down a rock path, then killed her and dragged her body down the path for a distance of fifty or more feet; that he cut her throat on the right side four times, two of the cuts slashing...