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PEOPLE v. PEPPER

Docket No. 9895.

36 Mich. App. 437 (1971)

194 N.W.2d 67

PEOPLE v. PEPPER

Michigan Court of Appeals.

Decided October 19, 1971.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: J.H. GILLIS, P.J., and R.B. BURNS and LEVIN, JJ.

Leave to appeal granted, 386 Mich. 785.

J.H. GILLIS, P.J.

Defendant, Jodie Pepper, was charged with murder in the first degree, MCLA § 750.316 (Stat Ann 1971 Cum Supp § 28.548), and was convicted by a jury of manslaughter, MCLA § 750.321 (Stat Ann 1954 Rev § 28.553). His testimony was that the gun accidentally discharged while being removed from his pocket, but the rebuttal testimony of a...

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