What is the test for a jury to find a defendant guilty of attempted voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Price, G057277 (Cal. App. 2020):

The court also instructed the jury on attempted voluntary manslaughter as a lesser included offense of attempted murder. (See People v. Randle (2005) 35 Cal.4th 987, 993-994 [voluntary manslaughter is lesser included offense of first degree murder].) An attempted murder is reduced to an attempted manslaughter when: "1. The defendant took at least one direct but ineffective step toward killing a person; [] 2. The defendant intended to kill that person; [] 3. The defendant attempted the killing because he was provoked; [] 4. The provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment; [] AND [] 5. The attempted killing was a rash act done under the influence of intense emotion that obscured the defendant's reasoning or judgment." (CALCRIM No. 603.)

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