People v. Pepper

*442J. H. Gillis, P. J.

Defendant, Jodie Pepper, was charged with murder in the first degree, MOLA § 750.316 (Stat Ann 1971 Cum Supp § 28.548), and was convicted by a jury of manslaughter, MOLA § 750.321 (Stat Ann 1954 Rev § 28.553). His testimony was that the gun accidentally discharged while being removed from his pocket, but the rebuttal testimony of a police officer from the firearms identification division of the scientific bureau was that a gun such as the one involved herein could not accidentally discharge. With this and other evidence, the jury was instructed as to the applicable law and…