People v. Springer
| Decision Date | 06 October 1980 |
| Docket Number | Docket No. 78-4550 |
| Citation | 100 Mich.App. 418,298 N.W.2d 750 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jimmie Lee SPRINGER, Defendant-Appellant. 100 Mich.App. 418, 298 N.W.2d 750 |
| Court | Court of Appeal of Michigan — District of US |
[100 MICHAPP 419] Jane Burgess, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., E. Reilly Wilson, Appellate Chief, Asst. Pros. Atty., Robert J. Sheiko, Asst. Pros. Atty., for plaintiff-appellee.
Before KAUFMAN, P. J., and HOLBROOK and MAHER, JJ.
Defendant was involved in an argument with his parents' next-door neighbor. Two plainclothes policemen responded to the neighbor's telephone call for help. They identified [100 MICHAPP 420] themselves as police officers both verbally and with their badges. There was much conflicting testimony as to the events of that day. Defendant testified that, when he saw the two men with guns, he ran because he thought they were the neighbor's friends and, when they followed him into his parents' home, his stepfather shot and killed one of the men.
The stepfather, who owned the gun in question, denied being on the scene, claiming that he was in the basement the whole time.
Officer Younger testified that, upon arrival at the home, he pulled his gun when he saw defendant's gun. The officers pursued defendant into a home, where they saw an elderly man and woman in the background. Officer Younger said he saw the defendant face to face as he turned around and fired his gun, killing Officer Stevens. As Officer Younger dragged his partner outside, there was an exchange of gunfire between him and the defendant, but there were no further injuries.
Defendant was charged with first-degree murder, but was found guilty of second-degree murder, M.C.L. § 750.317; M.S.A. § 28.549, in a bench trial. Thereafter sentenced to life imprisonment, he appeals as of right.
As the defendant was the aggressor against the neighbor, the lower court held that the conviction could not be reduced to manslaughter because any fear that defendant may have had was brought on by his own lethal action.
A definition of voluntary manslaughter is found in People v. Townes, 391 Mich. 578, 589, 218 N.W.2d 136 (1974):
The Townes Court stated in footnote 3 of its opinion that a defendant acting out of a state of terror is considered to have acted in the "heat of passion".
Defendant argues that in committing the shooting, he acted in the heat of passion brought on by reasonable...
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