Bonilla

The defendant was charged with having murdered his wife. He was tried before a jury and found guilty of murder in the second degree. This appeal is from the judgment and an order denying a motion for a new trial.

It is contended that the evidence is not sufficient to support the verdict. Appellant, however, mainly relies upon the contention that the court committed prejudicial error in admitting certain extrajudicial statements made by the defendant, for the reason that the corpus deliciti was never proved.

The following facts appear from the evidence: The defendant lived with his wife, Josephine Bonilla, and her four children by a former marriage. On the morning of November 22, 1930, he left the home, taking with him the two small sons of the deceased. He returned about 4 o’clock in the afternoon, at which time he had the appearance of having been drinking. A little later he stated that he wanted to go away again and take the two little boys with him. His wife refused to let them go, saying it was too cold. The defendant became angry and an argument ensued between the defendant and his wife, during which he called her vile names. During this argument he said in reference to his…