Questão jurídica principal
Whether the acts qualified as attempted murder in a state of excusable violent emotion rather than attempted assassination.
Decisão extraída
The appellant did not act under an excusable violent emotion; the qualification of attempted assassination stands.
Fundamentação extraída
The separation had lasted for months, the divorce was already pending, and the wife’s conduct did not create circumstances so dramatic that a reasonable person would have been driven to attempt to kill. The appellant’s pathologies could affect culpability but not the legal characterization of the act.