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PEOPLE v. CUMMINGS

Docket No. 199226.

580 N.W.2d 480 (1998)

229 Mich. App. 151

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Brian Keith CUMMINGS, Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 31, 1998, at 9:25 a.m.

Released for Publication July 14, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John G. McBain, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for People.

Sinas, Dramis, Brake, Boughton & McIntyre, P.C. by Kenneth G. McIntyre, Lansing, for Defendant-Appellant.

Before FITZGERALD, P.J., and HOOD and SAWYER, JJ.

PER CURIAM.

Defendant was convicted of involuntary manslaughter, M.C.L. § 750.321; M.S.A. § 28.553, following a jury trial. He was sentenced to 365 days' imprisonment and ordered to pay $11,793 in restitution. He appeals as of right. We vacate defendant's conviction and remand for further proceedings consistent with this opinion.

The incident that gave rise to the charges in this case occurred on November 15, 1995, the opening day of firearm deer...

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