What is the test for an individual to be found guilty of an intentional, unlawful homicide?

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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