Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.329 (2026)

Discharging firearm pointed or aimed at another person resulting in death; manslaughter; exception; "peace officer" defined.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.329 Discharging firearm pointed or aimed at another person resulting in death; manslaughter; exception; "peace officer" defined.

Sec. 329.

    (1) A person who wounds, maims, or injures another person by discharging a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death.

    (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.329 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005

Notes of Decisions
Cited in 54 cases (10 in the last 5 years), 1967–2025 · leading case: People v. Smith, 731 N.W.2d 411 (Mich. 2007).
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People v. Smith, 731 N.W.2d 411 (Mich. 2007). · cites it 56× “The trial court denied defendant's request to instruct the jury on statutory involuntary manslaughter, MCL 750.329. At issue is whether the trial court should have instructed the jury on statutory involuntary manslaughter because it is a necessarily included lesser offense of…”
People v. Heflin, 456 N.W.2d 10 (Mich. 1990). · cites it 20× “MCL 750.329; MSA 28.561 defines statutory manslaughter as: Any person who shall wound, maim or injure any other person by the discharge of any firearm, pointed or aimed, intentionally but without malice, at any such person, shall, if death ensue from such wounding, maiming or…”
People v. Doss, 276 N.W.2d 9 (Mich. 1979). · cites it 8× “Defendant, a Detroit police officer, was charged with manslaughter under MCL 750.329; MSA 28.561 in connection with the shooting of a suspect at the scene of a breaking and entering.”
People v. Hawthorne, 713 N.W.2d 724 (Mich. 2006). · cites it 4× “Further, the jury was instructed regarding the lesser offense of statutory involuntary manslaughter, MCL 750.329, [6] but instead concluded that defendant was guilty of second-degree murder.”
People v. Mendoza, 664 N.W.2d 685 (Mich. 2003). · cites it 2× “[8] The "benefit of clergy" was a political compromise between the state and the church, intended to ensure errant clerics who were convicted in the royal court were turned over to the ecclesiastical courts for sentencing.”
People v. Kelly, 378 N.W.2d 365 (Mich. 1985). · cites it 2× “[32] The instruction is conceptionally inconsistent with the statute (MCL 750.329; MSA 28.561) that provides that a person who causes the death of another by the discharge of a firearm pointed or aimed intentionally is guilty of the crime of manslaughter if he acted without…”
People of Michigan v. Benjamin Keith McKewen, 926 N.W.2d 888 (Mich. Ct. App. 2018). “, quoting MCL 750.329 (emphasis added). Our Supreme Court concluded that the absence of malice was not an essential element of manslaughter, reasoning that "[w]hile the *360 absence of malice is fundamental to manslaughter in a general definitional sense, it is not an actual…”
Allstate Ins. v. McCarn, 683 N.W.2d 656 (Mich. 2004). · cites it 2× “§ 750.329. Slip op. at 2-4. The Court of Appeals determined that the applicability of the exclusionary clause "turns on whether LaBelle's death was reasonably expected to result from Robert's criminal act.”
Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018). “200 ; MCL 750.224 ; MCL 750.224b ; MCL 750.224c ; MCL 750.”
People v. Townes, 218 N.W.2d 136 (Mich. 1974). · cites it 2× “554; and, MCLA 750.329, MSA 28.561. [3] The word "passion" in the context of voluntary manslaughter describes a state of mind incapable of cool reflection.”
People v. West, 291 N.W.2d 48 (Mich. 1980). · cites it 2× “[3] MCL 750.329; MSA 28.561. See, also, CJI 16:4:06.”
People v. Duggan, 320 N.W.2d 241 (Mich. Ct. App. 1982). · cites it 5× “Defendant, Michael Patrick Duggan, was convicted of involuntary manslaughter, MCL 750.329; MSA 28.561. He was sentenced to a term of 5 to 15 years in prison with credit for 31 days.”
Show all 54 citing cases →
— Mich. Comp. Laws § 750.329(1) — 9 cases
People v. Smith, 731 N.W.2d 411 (Mich. 2007). “The trial court denied defendant's request to instruct the jury on statutory involuntary manslaughter, MCL 750.329. At issue is whether the trial court should have instructed the jury on statutory involuntary manslaughter because it is a necessarily included lesser offense of…”
People of Michigan v. Theodore Paul Wafer (Mich. Ct. App. 2016).
People of Michigan v. Theodore Paul Wafer (Mich. Ct. App. 2016).
People of Michigan v. Theodore Paul Wafer (Mich. 2022).
158869_77_01.Pdf (Mich. 2024).
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