Yuhas

Defendant-appellant was charged by indictment with murdering his wife, Mildred F. Yuhas, on July 22, 1962, in violation of Penal Code, section 187. He was also charged with two prior convictions of a felony, attempted robbery with firearms and murder in the second degree. He served separate terms in prison therefor. He pleaded not guilty to the charge and admitted the two prior convictions. He was found guilty by a jury of the crime of involuntary manslaughter, a lesser included offense. His motion for new trial was denied, as well as his application for probation. Defendant first claims on appeal that the evidence was insufficient to sustain the verdict.

Defendant and his wife were married in 1952. He operated a nursery in the town of Borrego. His wife had been previously married to Theodore Nelson, Sr. Her son by that marriage, Ted Jr. (hereafter referred to as Nelson), lived with his wife and children, about one mile from his mother. There had been marital trouble for three or four years between defendant and his wife, Mrs. Yuhas. He had locked her out of the house on numerous occasions, and on other occasions had refused to speak to her, making it necessary for her to write…