HOLMES V. DIRECTOR OF PUBLIC PROSECUTIONS
2 All E.R. 124 (1946)
NATURE OF THE CASE: This was an appeal from a conviction for murder.
FACTS: Holmes (D) killed his wife in the kitchen of the house where they lived. The day
before the killing he had telegraphed an ex-lover and told her to expect him either that
Sunday or Monday. D claimed that there was a quarrel between him and his wife and that his
wife had admitted that she had been untrue to him and that she knew of his indiscretions. D
then claimed he lost his temper and picked up a hammer and struck her on the head. She lay
there and suffered from the wound and D then strangled her. D testified at trial that when
he strangled her, he intended to kill her. The trial judge refused an instruction for
voluntary manslaughter in that the statement by the wife that she was unfaithful to D was
not enough for adequate provocation. Also, there was no corroboration to support D's
statement that his wife admitted to her unfaithfulness. D was convicted of murder and
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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