California, United States of America
The following excerpt is from People v. Thomas, F069865 (Cal. App. 2016):
"[T]he offense of attempted murder is reduced to the lesser included offense of attempted voluntary manslaughter when the defendant acted upon a sudden quarrel or in the heat of passion. [Citations.]" (People v. Millbrook (2014) 222 Cal.App.4th 1122, 1137; accord, People v. Van Ronk (1985) 171 Cal.App.3d 818, 824-825.)9 "An
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intentional, unlawful homicide is 'upon a sudden quarrel or heat of passion' [citation], and is thus voluntary manslaughter [citation], if the killer's reason was actually obscured as the result of a strong passion aroused by a 'provocation' sufficient to cause an ' "ordinary [person] of average disposition . . . to act rashly or without due deliberation and reflection, and from this passion rather than from judgment." ' [Citations.]" (People v. Breverman, supra, 19 Cal.4th at p. 163.) "[T]he passion aroused need not be anger or rage, but can be any ' " '[v]iolent, intense, high-wrought or enthusiastic emotion' " ' [citation] other than revenge [citation]." (Ibid.)
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