What is the test for a jury to convict a person of voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Harper, D069632 (Cal. App. 2018):

"[I]n order to convict a person of voluntary manslaughter, the jury must find that the killing was intended and was unlawful in that it was neither justifiable, that is, did not constitute lawful defense of self, others, or property, prevention of a felony, or preservation of the peace ( 197 . . . ); nor excusable, that is, the killing did not result from a lawful act done by lawful means with ordinary caution and a lawful intent, and did not result from accident and misfortune under very specific circumstances, including that no dangerous weapon was used ( 195 . . . )." (People v. Orr (1994) 22 Cal.App.4th 780, 784 (Orr).)

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