PER CURIAM.
The defendant, Herbert Hollis, was charged with killing one Marie Grubb by negligently discharging a firearm contrary to MCLA § 752.861 (Stat Ann 1962 Rev § 28.436 [21]) which provides:
"Sec. 1. Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor...
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