Holmes v. Director Of Public Prosecutions

2 All E.R. 124 (1946)

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Nature of the Case

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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.