What is the test for a voluntary manslaughter defense based on heat of passion?

California, United States of America


The following excerpt is from People v. Jackson, B275834 (Cal. App. 2018):

Moreover, the evidence overwhelmingly supported the jury's rejection of defendant's heat of passion defense. Voluntary manslaughter based on heat of passion has both a subjective element, that is, a killing actually done in the heat of passion, and an objective element, which requires that the heat of passion resulted from provocation "'such that an average, sober person would be so inflamed that he or she would lose reason and judgment.' [Citation.]" (People v. Manriquez (2005) 37 Cal.4th 547, 585; 192, subd. (a).)

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