People v. Oster

Defendant was charged with open murder. MCLA 750.316; MSA 28.548, MCLA 750.317; MSA 28.549. On August 19, 1974, after a trial before the court, he was found guilty of voluntary manslaughter. Defendant was sentenced to 10 to 15 years in prison and appeals as of right.

Because of its bearing on the issues raised in this appeal, an extended relation of the evidence presented at the preliminary examination is required. The testimony indicated that defendant and Alan Goodman were present at a party at the home of the parents of Diane Cohn, defendant’s girl friend. It is undisputed that defendant…