People v. Doss

Defendant, a Detroit police officer, was charged with manslaughter under MCL 750.329; MSA 28.561 in connection with the shooting of a suspect at the scene of a breaking and entering. After preliminary examination, defendant was bound over for trial. Defendant moved to quash the information, but the motion was denied. The Court of Appeals, in a split decision, reversed the order denying defendant’s motion to quash. This Court granted the people’s application for leave to appeal, limited to the following two issues:

1) Whether absence of malice is an essential element of manslaughter as defined…