Lucas

Defendant was indicted for the murder of her husband. A jury found her guilty of manslaughter, and she appeals from judgment entered upon that verdict and from order denying new trial.

Defendant and decedent, a highway patrolman, had been married 23 years. Defendant testified that the marriage had been an unhappy one, that in the last five years decedent had been drinking heavily, and had choked her at least two or three times a month. They had a quarrel the evening of December 3, 1956, and she called the police. The next night, she stayed with a neighbor until midnight. When she returned home, her husband was asleep. She saw a loaded revolver on the dresser in his room, removed the bullets from the gun and placed it in a drawer. The next evening, December 5, defendant and decedent had another argument. Mrs. Lucas testified that he threatened to kill her. She called the police, who arrived, talked with the two parties, and left. Mr. Lucas was not armed. Her testimony is that she then went to the kitchen; decedent again told her to get out and threatened to kill her; she let the dog out and started to prepare dinner; decedent, who remained in the living room, continued to call…