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FREEMAN v. COMMONWEALTH

No. 1170A182.

149 Ind. App. 211 (1971)

271 N.E.2d 177

MARTHA SMITH FREEMAN v. COMMONWEALTH LIFE INS. CO. OF LOUISVILLE, KY.

Court of Appeals of Indiana.

Rehearing denied July 15, 1972.

Transfer denied August 22, 1972.

Attorney(s) appearing for the Case

John R. Dollens, of Scottsburg, for appellant.

Fox & Smith, of Jeffersonville, for appellee.

WHITE, J.

E. Everett Smith was shot and killed by a pistol Wilgus Bowling had pulled from his pocket during a fight between the two in which Smith was the aggressor.1 At the time he was shot Smith had Bowling down on the ground and was choking him with his hand or hands on Bowling's neck.

Smith's life was insured by the defendant-appellee, Commonwealth Life Insurance Company of Louisville, Kentucky, under a group policy issued...

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