People v. Stroud

Defendant was charged by an information with “wilfully, unlawfully, feloniously and with malice aforethought” murdering his wife. A jury found him guilty of voluntary manslaughter, and this appeal followed. Defendant contends the shooting was accidental. He testified that he threatened to commit suicide, using his rifle, that his wife sought to dissuade him, a struggle ensued and the gun discharged, killing her.

The victim was shot three times, twice in the front and once in the hack. A few minutes after the shooting, defendant called Deputy Sheriff Ben Austin at 6 p.m., who arrived very…