People v. Brown

The defendant, originally charged with second-degree murder, was found guilty by the trial judge sitting without a jury of manslaughter, MCLA 750.321; MSA 28.553, and was sentenced to a prison term of from 5 to 15 years. He appealed as of right and is free on bond pending the outcome of this appeal.

The story begins on the evening prior to the date of the death which gave rise to defendant’s convic tion. On that evening defendant was in the bar owned by the deceased, one Herman Frye. At that time defendant had difficulty remaining awake and was escorted to the door by one of the barmaids;…