Briefly,  defendant's  version  of  the  transaction  is  that,  on
the  5th  of  May,  1920,  about  9:30  or  10  o'clock  at  night,  he  came
home  from  the  road,  and  went  to  his  home.  His  wife  was  gone,
and  there  was  nothing  to  eat  in  the  house.  He  inquired  by
phone  as  to  his  wife's  whereabouts,  then  went  upstairs  to  comb
his  hair;  and  when  he  put  the  comb  in  the  drawer,  he  noticed
the  pistol.     He  then  started  down  towards  the  grocery  stoVe,


Nov.,  1921]  State  v.  Graves.  625

and  saw  that  it  was  closed;  then  concluded  to  go  to  the  drug
store,  to  get  some  ice  cream  and  wafers.  When  he  was  going
down  there,  he  saw  an  automobile  coming,  which  he  thought
was  his  auto.  He  then  stepped  to  the  sidewalk  and  waited  until
the  car  came  in  sight  to  where  he  could  see.  He  then  ran  and
jumped  on  the  running  board  of  the  car.  He  does  not  remember
what  he  did  or  said.  He  saw  another  man  and  woman  in  the
back  seat,  and  another  man  whom  he  never  saw  before,  sitting
by  the  side  of  his  wife.  This  was  De  Vault,  the  deceased.  The
automobile  came  to  a  stop.  Defendant  asked  De  Vault  who  he
was,  and  he  did  not  answer — they  wouldn't  any  of  them  talk  to
him.  De  Vault  got  out  of  the  car  when  it  stopped;  he  started
to  go  w^est.    He  took  a  step  or  two,  and  stumbled  and  fell.
