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 mother he 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...
