What is the test for an alleged instructional error in the defense of voluntary manslaughter?

Finally, we look at defense counsel's closing argument to determine whether the alleged instructional error "would have misled a reasonable jury . . . ." (People v. Cain, supra, 10 Cal.4th at pp. 36-37.) Defense counsel's closing argument correctly explained the "average person" standard for purposes of the defense of voluntary manslaughter: "[T]he law does not say that the provocation must be such that an ordinary person or average person would have killed. That's not what the law requires. All the law requires, that the provocation be such that it would move an ordinary, average person to act rashly, impulsively, violently. And so we know that custody battles, any challenges to taking away children from parents raises the most

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