BUTZEL, J.
Thomas Arlan Davis appeals from his conviction of the crime of murder, second degree. He was charged with murdering Ramona Juanita Davis, his wife. About 10 o'clock in the evening of August 9, 1952, defendant and his wife were driving north on Root street in the city of Flint. They had been quarreling apparently over whether or not he should drive her to Muskegon that night. While both had been drinking previously, there is no claim that defendant was intoxicated...
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