Brief Fact Summary. Defendant was convicted of murdering his wife. Defendant alleged that he killed in the heat of passion and thus should only be found guilty of manslaughter.
Synopsis of Rule of Law. There is no specific type of provocation required, verbal provocation may be sufficient.
Issue. Whether Defendant possessed the requisite intent for the crime he was convicted of.
Held. Defendant killed in the heat of passion.
It is a question for the jury as to whether or not s defendant has killed in the heat of passion.
There is no specific type of provocation required, verbal provocation may be sufficient. Passion may be any violent, intense, high wrought or enthusiastic emotion.
In the present condition of our law it is left to the jurors to say whether or not the facts and circumstances in evidence are sufficient to lead them to believe that the defendant did, or to create a reasonable doubt in their minds as to whether or not he did, commit his offense under a heat of passion.View Full Point of Law