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Convicted by jury of the second degree murder of his wife (Pen. Code, § 187), and sentenced to state prison, defendant appeals.

The defendant and the victim had been married for 20 years and had four children. Their Riverside residence was the scene of considerable marital discord, marked by frequent disputes over the disciplining and upbringing of the children. Defendant inflicted physical abuse upon his wife in several instances. On one occasion, he hit her with the barrel of a shotgun; on another, he kicked her in the lower abdomen, necessitating medical treatment. His conduct towards her resulted in intermittent separations. In September 1968 the wife and the four children left the home for a week, but she and the youngest child, Jimmy, a 14-year-old invalid, returned to the home shortly before she met her death.

At 7:30 a.m. on October 8, defendant called his 19-year-old son, Richard, requested that he get his sister Karen and that both youngsters come to the home. Inasmuch as Karen had already left for school, Richard went to the family home alone. He arrived about 8 a.m. Defendant answered the door. He appeared to Richard to be in need of sleep as his eyes were…