People v. Creith

Defendant appeals as of right from a jury trial conviction for manslaughter, MCL 750.321; MSA 28.553. Defendant was sentenced to three years probation with the first year to be served in the Oakland County Jail. Defendant raises two issues for our review.

The victim, David Yacobelli, suffered from kidney failure and required renal dialysis three times a week. Yacobelli’s roommate, Richard Matsch, testified concerning the events leading up to Yacobelli’s death. On the evening of May 5, 1981, Matsch left at about 10:00 p.m. to go to see his girlfriend. Yacobelli, who seemed fine at that time,…