People v. Thomas

Defendant appeals as of right from his November 8, 1974 jury convictions of first-degree murder of Miss Annie Washington, MCLA 750.316; MSA 28.548, and assault with intent to commit murder of James Benson, father of Miss Annie Washington, MCLA 750.83; MSA 28.278. Both of the victims were shot by defendant using a shotgun. The defendant claims he did not pull the trigger of the gun that killed Miss Washington, but that he loaded it and when he shut the magazine the gun went off. He testified that he then wheeled and pumped the gun and pulled the trigger. This second shot seriously wounded Mr.…