Roberts

The defendant was convicted of the offense of manslaughter upon an indictment charging that on or about the thirtieth day of January, 1926, in the county of Humboldt, the defendant feloniously and with premeditation and malice aforethought did kill and murder his wife, Dorothy Roberts. To the judgment of conviction the defendant interposed a motion for a new trial. His motion being denied, this appeal is prosecuted from the order denying said motion and the judgment of conviction just referred to. It appears from the record that the defendant and the deceased were husband and wife living in a small lumber camp some fifteen miles from the town of Scotia, in the county of Humboldt. On the evening of January 30th the defendant returned to the small house or shack where he and his wife resided, accompanied by C. H. Foster and J. E. Elliott, arriving at his home at about 6 o’clock P. M. It appears that Foster had been drinking for several days and was sick when he arrived at the home of the defendant and was shown to one of the rooms in thé building by the defendant, and there lay down and went to sleep and remained in that condition until after the circumstances leading to the death…