Cunningham v. State

TYSON, Judge.

On November 21, 1969, the appellant entered pleas of not guilty, and not guilty by reason of insanity. At trial the appellant stressed self-defense and unavoidable accident. The jury trial on June 17, 1970, resulted in a verdict and judgment of manslaughter in the first degree and fixed punishment at seven years imprisonment.

The State’s evidence established that the appellant, James Foster Cunningham, killed his wife, Willie Mae Cunningham, by shooting her with a shotgun. According to the Toxicologist for the State, the gun was fired within two feet of the deceased, and the shot,…