In what circumstances will the court allow the defense to argue that provocation played a role in the manslaughter instruction?

California, United States of America


The following excerpt is from The People v. Price, F055783, No. 1074210 (Cal. App. 2010):

degree murder. Further, the manslaughter instruction does not preclude the defense from arguing that provocation played a role in preventing the defendant from premeditating and deliberating; nor does it preclude the jury from giving weight to any evidence of provocation in determining whether premeditation existed. For the foregoing reasons, we hold that CALJIC No. 8.73 is a pinpoint instruction that need not be given on the court's own motion." (People v. Rogers, supra, 39 Cal.4th at p. 880.)

Moreover, appellant made no request for modification or clarification of the instructions given by the court. (See People v. Parson (2008) 44 Cal.4th 332, 352). In view of the authority of Rogers and the absence of a request for modification or clarification, no reversible instructional error occurred.3

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