Elder

This is an appeal taken from the judgment and sentence of life imprisonment based upon the jury’s verdict and from an order denying a motion for a new trial. The motion was made upon all of the statutory grounds. The defendant was convicted of murder in the first degree; he having been found guilty of the homicide of his wife. It appears without conflict that on the twenty-second day of September, 1920, he shot her with a 32-caliber revolver. She died twelve days later as a result of the wounds thus inflicted. The defendant saw his wife and one Clemmons standing under a tree in front of his residence. Defendant walked up to them and said, “Well, Ida, this is the Christian life you are leading.” Mrs. Elder exclaimed, “My God! Jim Elder, my husband.” Defendant stepped back and fired at least two shots from his revolver. Ida M. Elder, the deceased, received two bullets. Upon the trial, these facts were not disputed by the defendant but he claimed that before he shot, Clemmons had reached toward his pocket and that the homicide was the result of the defendant’s effort to lawfully defend himself and the accidental shooting of Mrs. Elder by reason of her having suddenly come forward as…