California, United States of America
The following excerpt is from People v. Vasquez-Zapata, H041908 (Cal. App. 2016):
Defendant maintains that the "words alone" argument constituted prosecutorial misconduct. We agree that the prosecutor misstated the law because words may be sufficient provocation, depending upon the circumstances. "The provocative conduct by the victim may be physical or verbal, but the conduct must be sufficiently provocative that it would cause an ordinary person of average disposition to act rashly or without due deliberation and reflection. [Citations.]" (People v. Moye (2009) 47 Cal.4th 537, 550.)
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