People v. McBride

Defendant was charged with murder in the first degree and, in a non-jury decision, convicted of second-degree murder. CL 1948, § 750.317 (Stat Ann 1954 Rev § 28.549). The testimony showed that on July 4, 1969, sometime after 10:30 p.m., defendant and his wife started arguing about some money which he had requested from her, so he could go and take his “other woman” out and which she refused to give him. Her refusal angered him and he went into the bedroom and returned with a pistol which discharged, ultimately killing his wife.

On appeal, defendant contends that he and his wife were tussling…