PEOPLE v. CUNNINGHAM

Docket No. 56155.

398 Mich. 514 (1976)

248 N.W.2d 166

PEOPLE v. CUNNINGHAM

Supreme Court of Michigan.

Decided December 21, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Joel B. Saxe, Senior Assistant Prosecuting Attorney, for the people.

Michael J. Smith for defendant.


KAVANAGH, C.J. (for reversal).

This is an appeal from affirmance of defendant's conviction of second-degree murder of her husband. MCLA 750.317; MSA 28.549. We reverse.

Defendant killed her husband with a rifle during a protracted family argument. Her defense was accidental shooting.

A police officer was permitted to testify that in response to a call from defendant he went to the defendant's residence on January 22, 1971 where he found the...

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