On the evening of August 22, 1970, defendant and the deceased, Nathaniel Douglas, were in a bar in Jackson. The defendant and the deceased got into an argument over a loan. A fight ensued. The force of the defendant’s blows made the deceased back up through a pair of swinging doors. At this time the defendant allegedly pulled a gun and shot the deceased, fatally injuring him.
At the trial four witnesses, who were present at the bar at the time of the shooting, testified that the defendant shot the decedent as he was backing up. The defendant testified that he killed the decedent unintentionally and was acting in self defense.
*701The defendant was convicted by a jury of second degree murder, a violation of MCLA 750.317; MSA 28.549. Defendant was sentenced by the court to serve from 15 to 25 years imprisonment.
A review of the record discloses an error which was not raised on appeal. However, since this error requires reversal, it is within the power of this Court to consider this issue and to avoid a miscarriage of justice. People v Brocato, 17 Mich App 277. (1969); People v Mattice, 38 Mich App 333 (1972).
During the trial, the prosecutor, while questioning the defendant, asked him if he had been arrested for a robbery in Trenton, New Jersey. Even after the defendant had denied this, the prosecutor pursued this line of questioning by asking him if he wanted to reconsider the answer. Also, in the course of questioning the defendant with reference to misdemeanor violations, the prosecutor managed to work into the record the matter of an incident in Jersey City wherein it appears the defendant was arrested as a disorderly person but was not convicted, according to the testimony.
This Court stated in People v Brocato, supra, 302-303:
"We now hold that a defendant testifying at his own trial may not be asked if he has been arrested or charged with crime, where the arrest or charge has not resulted in a conviction and where the only purpose of the questions is to impeach the defendant’s credibility as a witness. Where credibility is the only issue, the probative value of arrests and charges, unsubstantiated by a conviction, is slight at best. When weighed against the great danger that the jury, despite careful instructions, might misapply such evidence, the scales of justice tip in favor of exclusion. United States v Beno, 324 F2d 582 (CA 2, 1963).”
*702The holding of this Court in Brocato is applicable to the present case. The sole issue here for the jury to decide was which witnesses were to be believed. It was a matter of the credibility of the witnesses which is the essence of the holding in Brocato, supra. Furthermore, in the instant case, the apparent purpose of the prosecutor’s questioning was obviously to impeach the defendant’s credibility.
The facts here are distinguishable from those present in People v Osgood, 24 Mich App 705 (1970). In Osgood the prosecutor asked the defendant if he had been convicted. In the present case the defendant was specifically asked if he had been arrested. Even when the answer was in the negative the prosecutor continued to pursue the area of arrest only.
People v Peay, 37 Mich App 414 (1971), is also distinguishable from the present case. There the trial court allowed the prosecution to question the defendant concerning a prior arrest but it was shown on appeal that this was due to an inadvertent error. Further, the prosecutor in that case immediately ceased to question the defendant after he had denied ever being arrested for the particular crime.
In this case the prosecutor, by the innuendo of the language he employed, did not cease this line of attack. As a result I believe a manifest injustice resulted, necessitating reversal.
Further, under the facts of this case, admission of proof of conviction on a charge of disorderly person on the issue of defendant’s credibility in a first-degree murder case created a situation where the danger of prejudice exceeded the probative value of this line of inquiry. Hence I conclude that the admission of proof of this misdemeanor convic*703tion must be considered error for the reasons and on the basis of the authorities cited by Judge Bronson in his opinion.
Reversed and remanded for new trial.