California, United States of America
The following excerpt is from The People v. Mcalpin, A124462, No. 5-060795-2 (Cal. App. 2010):
In determining whether objectively sufficient provocation exists, the question is whether a defendant's resulting mental state, not his conduct, was reasonable in light of the provocation. A "reasonable person" does not kill, regardless of provocation, and a culpable homicide is definitionally not "reasonable." The test of adequate provocation is whether " 'an average, sober person would be so inflamed that he or she would lose reason and judgment.' " (People v. Johnston (2003) 113 Cal.App.4th 1299, 1311-1312
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