People v. Cunningham

(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 defendant and her husband in the midst of a "family fight”. The decedent husband had explained a pistol protruding from his pocket as one he had taken from the defendant…