California, United States of America
The following excerpt is from People v. Wang, 260 Cal.Rptr.3d 343, 46 Cal.App.5th 1055 (Cal. App. 2020):
Zhangs provocative conduct here was simply grabbing appellants leg from a position on the floor. Even assuming this conduct actually did incite appellant, " no defendant may set up his own standard of conduct and justify or excuse himself because in fact his passions were aroused " unless the provocation was " such as would naturally tend to arouse the passion of the ordinarily reasonable man. " ( People v. Beltran (2013) 56 Cal.4th 935, 950, 157 Cal.Rptr.3d 503, 301 P.3d 1120.) " A provocation of slight and trifling character, such as words of reproach, however grievous they may be, or gestures, or an assault, or even a blow, is not recognized as sufficient to arouse, in a reasonable man, such passion as reduces an unlawful killing with a deadly weapon to manslaughter. " ( People v. Wells (1938) 10 Cal.2d 610, 623, 76 P.2d 493.) We fail to see how Zhangs conduct would "drive any ordinary person to act rashly or without due deliberation and reflection." ( People v. Najera (2006) 138 Cal.App.4th 212, 226, 41 Cal.Rptr.3d 244.)
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