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Man accused of killing wife says carbon monoxide made him do it

A Temecula man accused of killing his wife says he should be exonerated because he was a victim of carbon monoxide poisoning at the time.

Wilbert Frank Jr., 51, is charged with shooting his wife, Sylvia Frank, as she left a San Jacinto restaurant last year. Frank's attorneys have filed a motion saying their client was involuntarily intoxicated by carbon monoxide from a malfunctioning fireplace when he shot his wife, the Riverside Press Enterprise reported.

The motion cites a 1983 case in which a man successfully used involuntary intoxication as a defense, saying that someone put LSD in his drink, spurring him to steal vehicles.

The judge in Frank's case is weighing whether to allow his attorneys to present the carbon monoxide defense.

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