California, United States of America
The following excerpt is from People v. Avalos, G049460 (Cal. App. 2015):
Here, the trial court convicted defendant of second degree murder after the jury found him guilty of committing an unlawful killing with malice aforethought. (Pen. Code, 187, subd. (a).) Unlike murder, manslaughter, in both its voluntary and involuntary forms, excludes malice aforethought. (People v. Elmore (2014) 59 Cal.4th 121, 133.) "A defendant commits voluntary manslaughter when a homicide that is committed either with intent to kill or with conscious disregard for lifeand therefore would normally constitute murderis nevertheless reduced or mitigated to manslaughter" because either "provocation [or] unreasonable self-defense . . . 'negat[e]' the malice required for murder or . . . caus[e] that malice to be 'disregarded.'" (Bryant I, supra, 56 Cal.4th at p. 968, italics added.)
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