an identification officer, Deputy Lowery and Deputy Kemper. Strother had not yet interviewed the defendant and knew only that a shooting had been reported. He and Malec entered the house, took photographs, and seized the defendant's gun and holster. This second search of the house lasted about forty-five minutes. Afterwards, but before leaving the scene, the deputies were informed that the defendant's wife had been shot and that the defendant had taken her to the hospital.
The United States Supreme Court in Mincey v. Arizona, 437 U.S. 385, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978), held that a "murder scene exception" created by the Arizona Supreme Court to the warrant requirement is inconsistent with the Fourth and Fourteenth Amendments, and restated the rules governing the search of a person'swife with the gun, an intentional misdemeanor directly affecting the person.
The defense argues that the various accounts of the shooting made by the defendant June 10th were refuted by his trial testimony which was to the effect that he had not been mad at his wife, but merely concerned about her possession of a gun, because he knew she was scared of guns. He testified that as she was going through the door he reached down and caught her hand, and when he pushed the door shut, he brought the gun up and it went off.
The jury had ample opportunity to evaluate the credibility of the various witnesses. When the evidence is viewed in the light most favorable to the prosecution, we conclude that a rational trier of