People v. Hempstead

Defendant was convicted of involuntary manslaughter, MCL 750.321; MSA 28.553, following a jury trial in the Midland County Circuit Court. Defendant was sentenced to a prison term of from 3 to 15 years and now appeals as of right from his conviction.

Defendant’s conviction stemmed from a fatal car accident which occurred on January 22, 1983. Prior to the accident, defendant consumed at least four or five 8-ounce drinks containing 190 proof whiskey. James Smavenka testified that, while traveling on Haley Street, he saw defendant’s gold Chrysler coming towards him in his lane, forcing him to pull…