People v. Hess

Defendant appeals as of right his conviction of voluntary manslaughter, MCL 750.321; MSA 28.553. Defendant had been charged with first-degree felony murder, MCL 750.316; MSA 28.548, with larceny as the underlying felony, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). We reverse and remand.

The decedent sustained two gunshot wounds to the left side of his head, one of which was fired from a range of four inches or less. Friends and neighbors of the decedent, although aware that he owned shotguns, had never seen him in possession of a pistol, but…