What is the test for a jury to convict a man of the murder of his wife?

California, United States of America


The following excerpt is from People v. Schindler, 273 Cal.App.2d 624, 78 Cal.Rptr. 633 (Cal. App. 1969):

The same result was reached in People v. Finch, 213 Cal.App.2d 752, 766, 29 Cal.Rptr. 420. The charge was murder of the wife. The defense: the wife produced a gun; defendant tried to take it away from her; the gun went off by accident. In rebuttal, the prosecution produced evidence of statements of the wife that she feared for her life and her declarations of specific threats, attempts to kill, and assault by the husband. The court held the statements were admissible to show the

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