In what circumstances will a defendant be found guilty of second-degree murder by reason of heat of passion?

California, United States of America


The following excerpt is from People v. Becerra, B285885 (Cal. App. 2018):

4. None of the cases appellant cited in support of his argument are on point because each found ample evidence of heat of passion upon sufficient provocation. In People v. Berry (1976) 18 Cal.3d 509, the defendant was "in a state of uncontrollable rage" at the time of the killing, provoked by the history of sexually violent conduct with the victim, including "taunting him into jealous rages in an unconscious desire" to consummate her own suicidal tendencies. (Id. at pp. 512, 514.) In People v. Bridgehouse (1956) 47 Cal.2d 406, the defendant, who had a reputation for peace, became visibly upset, pale, and shaken when he unexpectedly encountered the man his wife was having an affair with, after she had refused a divorce and threatened to kill the defendant if he tried to take their children away from her. (Id. at pp. 407-412.) Lastly, in People v. Borchers (1958) 50 Cal.2d 321, the defendant shot the victim after she had produced a gun, threatened to shoot the defendant, and dared him to shoot her, despite the defendant's efforts to calm her down. The defendant had also learned of her infidelity and possible plan to kill him to obtain insurance money. (Id. at pp. 323-326, 328-329.)

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