People v. Ward

Reluctantly, we reverse this 1955 conviction of second-degree murder. Granting presumption of validity to tbe judgment of convic tion, and bearing fully in mind the mandate of statute prohibiting reversal absent a miscarriage of justice, 1 it is yet impossible for this Court to conclude that there was no error committed or that the error was not prejudicial.

Defendant Ward on the 1st of August, 1955, after a quarrel with his girl friend, chased her into a doctor’s office and fired a shot at her, which passed through her body and struck one, Harold Cushion, Jr. Cushion’s wound was fatal.…