California, United States of America
The following excerpt is from People v. Murillo, H041898 (Cal. App. 2016):
weight" to the jury. (See People v. Jones (2014) 223 Cal.App.4th 995, 1000 (Jones) ["a subjective test applies to provocation as a basis to reduce malice murder from the first to the second degree: it inquires whether the defendant in fact committed the act because he was provoked"]; People v. Rios (2000) 23 Cal.4th 450, 462 ["If the issue of provocation or imperfect self-defense is thus 'properly presented' in a murder case . . . , the People must prove beyond reasonable doubt that these circumstances were lacking in order to establish the murder element of malice."].)
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