People v. Moye

Initially charged with open murder, defendant was tried by a jury on a charge of second-degree murder and convicted of involuntary manslaughter for the death of her newborn son. MCL 750.321; MSA 28.553. She was sentenced to ten to fifteen years’ imprisonment, and appeals as of right, raising numerous issues. We reverse.

The only explanation for the events leading up to the infant’s death was defendant’s statement to the police. She indicated that after smoking crack cocaine the previous evening, she awakened suffering from what she thought were cramps. She went to use the bathroom and instead…