spent approximately all of his life near the city of Santa Ana. He had attended American schools and had passed through the grammar grades. His English and his methods of expression are above the average. To the time of his marriage, *654 he was living with his father's family, which consisted of father, mother, six sisters, himself and a brother. All of the children, it seems, were born in the Delhi district near the city of Santa Ana, where they attended school. The father appears to have been a hard-working man, who in later years received some assistance from his sons in keeping the family together. The deceased, whose maiden name was Jovita Carrillo, was seventeen years of age, born in California, and was educated in the samecommunity as the defendant. The two and their families had been acquainted for a number of years. The defendant and deceased intermarried approximately four months before he killed her. Jovita had not reached her majority and the wedding seems to have been clandestinely performed. After marriage the couple lived for a short time at his father's home, and then took up their domicile a few doors from the home of defendant's father. There is testimony in the record that the defendant on one or two occasions had used physical violence upon his wife and that she refused to return to his home some two or three weeks before her death by reason of mistreatment. She also made some reference to being under age at the time of marriage