Haley

The defendant appeals from a conviction of murder in the second degree and urges a reversal upon the grounds that: (1) The evidence was insufficient to establish the corpus delicti of the offense without resorting to extrajudicial statements made by the defendant; (2) instructions on the felony-murder rule erroneously limited those on voluntary manslaughter; (3) instructions on assault with a deadly weapon erroneously failed to include the factor of general intent; (4) the admission of statements by the victim expressing her fear of injury by the defendant was error; and (5) the admission of incriminating statements made by the defendant violated the rule announced in People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ].

The defendant maintained two households, in one of which he lived with his wife, and in the other with the victim, Barbara Miller and his two children by her. On August 10, 1963, at about 1:20 a.m., defendant came to the household where the victim and her children were living; at about 1:30 a.m. went next door to the home of his landlord; awakened the latter; and stated “I shot Bobbie. She grabbed the gun." The landlord, who believed the victim to…