Does provocation and imperfect self-defense constitute elements of voluntary manslaughter?

It equally follows that provocation and imperfect self-defense are not elements of voluntary manslaughter when, as here, the defendant faces only that charge. Heat of passion or imperfect self-defense precludes a finding of malice where malice is an element of the charge, but malice is not at issue upon a charge of manslaughter. The charge of voluntary manslaughter absolves the People of proving that malice was present. It does not require the prosecution to establish, beyond reasonable doubt, that malice was absent. (See text discussion, ante; see also People v. Wynn (1968) 257 Cal.App.2d 664, 673, 65 Cal.Rptr. 210 (Wynn) [charge of manslaughter concedes that prosecution's proof would show only that offense].) The possibility that the defendant killed with malice, and thus committed the greater offense of murder, does not prevent a conviction of voluntary manslaughter, a lesser included offense which does not require proof of malice.¹⁰