What are the elements of a provocative act of murder?

California, United States of America


The following excerpt is from Aurelio R., In re, 167 Cal.App.3d 52, 212 Cal.Rptr. 868 (Cal. App. 1985):

[167 Cal.App.3d 58] The classic statement of the elements of the "provocative act" murder is found in People v. Gilbert (1965) 63 Cal.2d 690, 47 Cal.Rptr. 909, 408 P.2d 365, revd. on other grounds (1967) 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178:

Other Questions


Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Can provocation reduce a murder to second degree murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
Is sufficient evidence supporting defendant's conviction of murder based on the provocative act murder theory? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Is provocation sufficient to reduce a murder to second degree murder? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
Does a plea of not guilty put "all the elements of the elements" of a charged murder charge in issue? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.