No. 41603. December 12, 1933. Rehearing Denied April 5, 1934. HOMICIDE: Murder — Attempt to Commit Suicide. An attempt to commit suicide is not an unlawful act. It is erroneous, therefore, to instruct that if a person with a deadly weapon attempts to take his own life he is doing an unlawful act, and if, in such attempt, he takes the life of an innocent party he is guilty of murder. Appeal from Johnson District Court. — R.G. POPHAM, Judge. Defendant was tried on a charge of murder in the first degree

6 Div. 447. May 14, 1929. Rehearing Denied June 18, 1929. Appeal from Circuit Court, Jefferson County; Joe C. Hail, Judge. Action on a policy of life insurance by Susan B. Cobbs against the Penn Mutual Life Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded. Percy, Benners Burr, of Birmingham, for appellant. The verdict on the question of suicide was against the overwhelming weight of the evidence, and that verdict should have been set aside. Davis v. Reliance

May 10, 1935. Appeal from Supreme Court of Bronx County. Henry C. Moses of counsel [ Charles J. Nehrbas with him on the brief; Moses, Nehrbas Tyler, attorneys], for the appellant. Louis H. Solomon, for the respondent. Present — MARTIN, P.J., MERRELL, McAVOY, O'MALLEY and UNTERMYER, JJ. PER CURIAM. The finding of the jury that the insured's death was caused by accident rather than suicide was against the weight of the evidence. A new trial must, therefore, be ordered. We deem it advisable to direct