What is the test for determining whether a plaintiff's conduct is excusable as a result of provocation?

California, United States of America


The following excerpt is from People v. Cooley, 211 Cal.App.2d 173, 27 Cal.Rptr. 543 (Cal. App. 1962):

Appellant asserts that his conduct was excusable as a result of provocation. In People v. Taylor, 197 Cal.App.2d 372, 380-381, 17 Cal.Rptr. 233, 237, it is said:

'To be sufficient to reduce homicide to manslaughter, the heat of passion must be such as would naturally be aroused in the mind of an ordinary, reasonable person under the given facts and circumstances, or in the mind of a person of ordinary self-control. (People v. Brubaker, 53 Cal.2d 37, 44, 346 P.2d 8.) The primary question in determining whether homicide is voluntary manslaughter is whether the [211 Cal.App.2d 197] defendant's reason was, the time of his act, disturbed or obscured by some passion to such an extent as would render an ordinary man of average disposition likely to act rashly or without due deliberation

Page 555

'Furthermore, before a homicide may be classified as voluntary manslaughter, it must appear that there was no 'cooling' period, that is, after the 'heat of passion' was reasonably and justifiedly engendered, 'hot blood had not had time to cool' before the fatal act was committed, that is, the act that engendered the 'hot blood' had occurred so shortly before the killing that reason had not had time 'to resume its empire.' (People v. Wells, 10 Cal.2d 610, 618, 76 P.2d 493, 499.)

Other Questions


What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
What is the test for determining whether a physician is qualified to determine whether a plaintiff has a valid claim for medical malpractice? (California, United States of America)
What is the test for determining whether a plaintiff has a claim against the other plaintiff? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
What is the test for determining whether a plaintiff has a valid claim against a defendant who is not a plaintiff? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.