Emrick

The defendant appeals from, a judgment directing his imprisonment after conviction of the crime of murder in the second degree. Appeal is also taken from an order denying a motion for a new trial.

At the time of the alleged homicide defendant was residing at Carpintería with his wife and stepchildren. On the day of the killing defendant’s wife had, in company with the wife of Weiler, the deceased, visited the city of Santa Barbara, a short distance away. Defendant’s wife returned home about 6:30 o ’clock. Defendant, upon entering the house, engaged in an exchange of angry words with his wife and one of his stepsons, and left the house with a revolver in his possession. Some time thereafter Weiler and his wife came to the defendant’s house, Weiler remaining for the most part upon the porch of the house, while his wife held some conversation with Mrs. Emrick. It reasonably appears from the testimony that defendant was somewhat under the influence of liquor at all of the times before mentioned. Later on, and before the shooting occurred, the defendant secured a bottle of whisky. Some of the witnesses testified that when defendant learned that Weiler was there he declared that he…