People v. Moore

Tried by an Otsego Circuit Court jury on a charge of second-degree murder, MCL 750.317; MSA 28.549, defendant was found guilty of voluntary manslaughter, MCL 750.321; MSA 28.553, on November 7, 1987. Defendant was sentenced on May 3, 1988, to seven to fifteen years’ imprisonment. He appeals as of right. We reverse his conviction.

The charge against defendant arose out of the death of Jerry Tobias, an oil well worker employed by Acme Tool, whose frozen body was found around 4:00 p.m. on December 8, 1986, in the bed of his pickup truck, which was parked near the City of Gaylord Fire Hall. When…