LGST 101 Chapter Notes - Chapter 4: Blood Alcohol Content, Jury Instructions, De Minimis
30 Sep 2015
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Defendant alleged that he killed in the heat of passion and thus should only be found guilty of manslaughter. There is no specific type of provocation required, verbal provocation may be sufficient. Defendant was found guilty of murder in the first degree. The day before her death, he strangled her and she was treated at a hospital. Defendant told a friend of his that he had killed his wife by strangling her. Defendant argued he was only guilty of manslaughter because he had felt a sudden and uncontrollable rage. Defendant said that his wife had taunted him for weeks alleging she wanted a divorce and that she was in love with another man. It is a question for the jury as to whether or not defendant has killed in the heat of passion. There is no specific type of provocation required; verbal provocation may be sufficient to justify killing in a heat of passion.
