Muszalski

—Appellant was convicted of first degree murder for the killing on August 4, 1965, of his wife, Nancy Muszalski; and of attempted murder for the shooting of his father-in-law, Frank Paloutzian. Appellant’s wife had separated from him and was living with her parents. There was an interlocutory decree of divorce; a final decree would have been available in about a month. Appellant blamed his wife’s parents for the separation and for preventing a reconciliation. They had accused him of being a “free-loader” because his wife was working and he was going to college, and because they said he bought nothing for her.

Following the separation from his wife in March of 1964, appellant made many attempts at reconciliation. At times the two cohabited; at other times, they were seen together by neighbors. On the day before the homicide, appellant talked with his wife on the telephone about three hours. He testified she told him she was still very much in love with him and wanted to come back to him, and that maybe if he had a good job her parents would not feel so bad if she came back, but she didn’t think she was strong enough to break with her parents.

On the fatal day, appellant asked his…