What is the test for provocation in a murder case?
California, United States of America
The following excerpt is from People v. Nelson, 1 Cal.5th 513, 205 Cal.Rptr.3d 746, 376 P.3d 1178 (Cal. 2016):
The evidentiary premise of a provocation defense is the defendant's emotional reaction to the conduct of another, which emotion may negate a requisite mental state. (People v. Ward (2005) 36 Cal.4th 186, 215, 30 Cal.Rptr.3d 464, 114 P.3d 717.) [U]nder the principles expressed in CALJIC No. 8.73, provocation is relevant only to the extent it bears on the question whether defendant premeditated and deliberated. [Citation.] Because
[1 Cal.5th 542]
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