People v. Cowell

The defendant was convicted of manslaughter. MCLA 750.321; MSA 28.553. He now appeals and we affirm.

The defendant took the stand and testified that on July 29, 1970, he was caring for the five-month-old daughter of his fiancée. He stated that the baby was crying and that in an attempt to get the child to stop he began to bounce her on the bed. According to the defendant the motion of the baby as it bounced on the bed was like that of a "super ball” and the baby unexpectedly bounced off the bed and hit the floor. The child was taken to a hospital where she was pronounced dead.

A witness who had…