People v. Strieter

Defendant was convicted of manslaughter, MCLA 750.321; MSA 28.553, by a jury and appeals.

It was unrebutted at trial that defendant and two others went to the victim’s home for the purpose of robbing him. The defendant knew the victim and gained entry to his house. Defendant claimed that the victim, who was a known homo*308sexual, attempted to sexually attack him and touch his private parts. The defendant testified that he hit the victim several times with a pool cue to make good an escape.

The prosecution sought to show that defendant was not one who would be fearful or affronted by this type of…