How have courts interpreted the term "provocation" in the context of second degree murder?
California, United States of America
The following excerpt is from People v. Hernandez, A150602 (Cal. App. 2019):
Defendant argues the trial court erred because it failed to instruct on the term "provocation" in the context of second degree murder, although the court was required to do so sua sponte because the term has a technical meaning peculiar to the law (see, e.g, People v. Richie (1994) 28 Cal.App.4th 1347, 1360). We disagree.
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