Fallon

Defendant was prosecuted for the murder of his wife, Agnes Fallon, in San Francisco, April 1, 1904, convicted, sentenced to be executed, and appeals.

Several grounds are urged for a reversal.

It is insisted that the court erred in admitting evidence of statements made by defendant immediately after the shooting, that he had shot his wife, on the ground that at the time such evidence was admitted the corpus delicti had not been proven. When these admissions were received the evidence showed that about six o’clock on the evening of April 1, 1904, the defendant and his wife entered her room at 949 Mission Street (they were living apart, she having commenced an action for divorce from him a couple of days previously); that shortly thereafter pistol-shots, fired in rapid succession, in the room were heard; that defendant immediately came out of the room with a smoking pistol in his hand, which he placed in his pocket, and when it was taken from him it was warm; that this pistol had been in the possession of defendant for several days previously, and when taken from him at the time of the shooting contained four exploded cartridge-shells; that immediately after the shooting his wife…