Harvey

Appellant appeals from his conviction in the trial court of murder in the second degree and from a judgment thereon and the order denying his motion for a new trial.

The killing is admitted. The facts and circumstances surrounding the killing rest entirely upon the extrajudicial statements of appellant and his wife given the police and the testimony of appellant and his wife given at the trial. There is substantially no conflict and very slight variance in the statements.

In the year 1927, the victim, Raymond Gottshal, and Lillian Harvey, wife of appellant here, were sweethearts and in the latter part of that year lived together as man and wife without the formality of marriage. At that time Mrs. Harvey’s name was Lillian French, but she was known and recognized by the name of Lillian Gottshal. Gottshal and Mrs. Harvey lived together until April or May, 1929, when Mrs. Harvey left Gottshal. In the latter part of the year 1928 Mrs. Harvey purchased with her own funds, taking title in the name of Lillian Gottshal, a lot located at Eighty-ninth and Denker Streets in the city of Los Angeles, upon which was built a double bungalow. After its completion Raymond Gottshal and Lillian…