D and his wife (W) were married in 1946. D was 22 years of age and W 16. Their married life was stormy and controversial, with frequent violent quarrels and separations followed by reconciliations. W had left D five days before when D saw W going to a tavern with two men. D got upset and called her outside. They walked down the street and before W could explain where she had been, D 'hit her in the face with my open right hand.' W ran, and D chased her. D hit her a number of times. W broke away wanting to explain, but D caught her again and proceeded to pummel her. W escaped again, and D caught her and hit her even more times. D then grabbed her and told her to jump into the river. She refused and began to talk to D, but D became enraged and hit her again and again. D then threatened to push her into the river if she did not jump. This was repeated a number of times. She eventually dropped into the river screaming and crying for rescue while being carried away and D just stood there and watched. D told others that he made his wife jump overboard. D fled to Winchester, Virginia. D then surrendered to the police that evening. D was charged with first-degree murder. P proceeded on the theory that the W's jumping into the river was caused by D's assaults and threats of physical violence, constituting well-grounded fear and apprehension on her part and that the death amounted to a willful, deliberate and premeditated killing. D moved for judgment at the close of the State's case on the contention that there was no evidence of an intent to kill the deceased. D was convicted of first-degree murder and appealed.

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