Is heat of passion a crime of voluntary manslaughter?

Voluntary manslaughter based on heat of passion is a lesser included offense of murder. (People v. Moye (2009) 47 Cal.4th 537, 549.) "Murder is the unlawful killing of a human being, or a fetus, with malice aforethought." ( 187, subd. (a).)

Page 13

Malice is negated, and murder reduced to voluntary manslaughter, when the defendant kills "upon a sudden quarrel or heat of passion." ( 192, subd. (a).) "Heat of passion arises when 'at the time of the killing, the reason of the accused was obscured or disturbed by passion to such an extent as would cause the ordinarily reasonable person of average disposition to act rashly and without deliberation and reflection, and from such passion rather than from judgment.' [Citations.]" (People v. Barton (1995) 12 Cal.4th 186, 201.)