In what circumstances will a defendant be found guilty of murder based on sudden quarrel or heat of passion?
California, United States of America
The following excerpt is from People v. Javier, B160036. (Cal. App. 2003):
Appellants also argue that the murder was at most manslaughter based on sudden quarrel or heat of passion. "The heat of passion requirement for manslaughter has both an objective and a subjective component. (People v. Wickersham (1982) 32 Cal.3d 307, 326-327, 185 Cal. Rptr. 436, 650 P.2d 311.) The defendant must actually, subjectively, kill under the heat of passion. (Id . at p. 327.) But the circumstances giving
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