What is the test for a sudden quarrel or heat of passion murder?
California, United States of America
The following excerpt is from People v. Britt, B218965, Los Angeles County Super. Ct. No. TA098926 (Cal. App. 2011):
reasonable person to act rashly. How the killer responded to the provocation and the reasonableness of the response is not relevant to sudden quarrel or heat of passion."]; People v. Rios (2000) 23 Cal.4th 450, 462 ["The People must prove beyond a reasonable doubt that [provocation was] lacking in order to establish the murder element of malice." (Italics omitted.)].)
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