At approximately 4:30 p. m. on December 20, 1951, appellant went from his employment to his home in Atomic City, Bingham County and immediately upon entering his house he locked the door. He then accused his wife of infidelity and for the ensuing several minutes severely upbraided and physically abused her. Thereafter, and while holding a loaded gun at her back, he directed his wife to go to a place of business known as the Twin Buttes Bar and Cafe. Upon arriving at said bar and cafe he instructed her to enter and tell one Eddie Hudson to come out and talk with him. Hudson went to the door and spoke to appellant, following which event one Edward McEvoy, a patron of the place of business, went to the door, and following some exchange of words between himself and appellant, a rifle in the hands of appellant was discharged and McEvoy was killed. Appellant then moved to a window of the building and fired a shot through it, striking Hudson in the back, seriously but not fatally wounding him. Appellant was charged with murder in the first degree. After having waived a preliminary hearing, he was held to answer to said charge in the district court, Bingham County. The information charging appellant with murder in the first degree was filed January 4, 1952, to which charge appellant entered a plea of ""not guilty"" and ""not guilty by reason of insanity.""
