People v. Doss

I respectfully dissent.

The facts elicited at preliminary examination indicate that the deceased was shot in the head, apparently while turning,, carrying a long object in his hand. A fellow officer testified that defendant was about one foot away from the deceased at the time the shooting took place, although there is no other evidence of close range firing.

Defendant was charged with manslaughter under MCLA 750.329; MSA 28.561:

"Any person who shall wound, maim or injure any *561other person by the discharge of any firearm, pointed or aimed, intentionally but without malice, at any such person,…