State v. Gardner

DIXON, Judge.

Defendant was indicted for second degree murder of her husband and was convicted by a jury of manslaughter. The jury imposed a sentence of one year in the Jackson County Department of Corrections.

The defendant wife appeals asserting error in the State’s cross -examination of defendant and argument thereon which the defendant claims inferred a duty to retreat. The admission of two color photographs of the deceased husband is also challenged.

Defendant and her deceased husband had been married for 29 years at the time of the shooting on October 2, 1977, and had lived at the scene of…