What is the test for reducing intentional killing to voluntary manslaughter in a "heat of passion" case?

California, United States of America


The following excerpt is from People v. Brooks, F062589 (Cal. App. 2012):

"[A]n intentional killing is reduced to voluntary manslaughter if other evidence negates malice. Malice is presumptively absent when the defendant acts upon a sudden quarrel or heat of passion on sufficient provocation [citation] ...." (People v. Manriquez, supra, 37 Cal.4th at p. 583; Pen. Code, 192, subd. (a).) "'Although [Penal Code] section 192, subdivision (a), refers to "sudden quarrel or heat of passion," the factor which distinguishes the "heat of passion" form of voluntary manslaughter from murder is provocation. The provocation which incites the defendant to homicidal conduct in the heat of passion must be caused by the victim [citation], or be conduct reasonably believed by the defendant to have been engaged in by the victim. [Citations.] The provocative conduct by the victim may be physical or verbal, but the conduct must be sufficiently provocative that it would cause an ordinary person of average disposition to act rashly or

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