and suggested the institution of annulment proceedings.
 It was claimed that on the occasion above mentioned the defendant made the threat that if his wife, who was then at the parents' home, did not return to his home, he would kill her. She did return on the day she told him she would not live longer with him, but the evidence is to the effect that they frequently quarreled and that on several occasions he used physical force on her. On the day she was killed they had spent the forenoon in Santa Ana. Mr. and Mrs. Guadalupe Lopez were their guests and rode with them into the city, occupying the back seat of the defendant's automobile. While in Santa Ana defendant and his wife visited two furniturestores. The wife was desirous of buying a bedroom set. A ten-dollar deposit was required to make the purchase, and as the defendant had but little change the purchase was not made. He said to his wife that he was going to work the following week and they would make the purchase when he received his pay check. They returned to the Lopez home, stayed a few minutes and returned *655 to their home, having declined an invitation to take dinner with Mr. and Mrs. Lopez as Mrs. Valenzuela was not feeling well. It was understood that the party was to go to a picture show in the defendant's automobile, and the Valenzuelas were to return early in the evening. They did not return. As to what occurred