People v. Shively

Defendant was originally charged with first-degree murder in the death of his wife. Later a count of manslaughter, MCLA 750.321; MSA 28.553, was added to the information. Defendant, thereafter, entered a plea of nolo contendere to the added count. After being referred to the probation department for the preparation of the presentence report, defendant was sentenced to a prison term of from 8 to 15 years. From that sentence, defendant appeals as of right.

The sole questions argued on appeal relate to defendant’s sentencing. At sentencing the trial judge made the following statement before…