Dunn

Defendant appeals from a judgment of conviction of first degree murder imposing the extreme penalty, and from an order denying a new trial. His brief lists four points for reversal. One challenges the correctness of the instructions as a whole. Two concern alleged errors in the admission of testimony. The fourth questions the sufficiency of the -showing of premeditation. The facts are established for the most part without contradiction by the testimony of eyewitnesses to the killing and by the circumstances immediately preceding and subsequent to that event.

Defendant and the deceased, Kathryn Way, were married in Arizona in 1936. Kathryn was then sixteen years of age. Defendant was twenty-eight and had two sons by a prior marriage, which may or may not have been dissolved. Defendant was an itinerant worker. Within a few months he and Kathryn separated, became reconciled, and again sepa-, rated. Kathryn then obtained a dissolution of the- marriage, either by an amnubnont because- of her;- minority or by divorce..

Thereafter-, Kathryn, entered' into fwo marriages, the, first; in 19,40; terminate^! by- divor.ee. in 1944; and the. second- in, Marchs, 1945, terminated; by- an…