Does provocation constitute provocation in a murder case?

California, United States of America


The following excerpt is from People v. Mansury, D067770 (Cal. App. 2016):

1334 [noting provocation "means 'something that provokes, arouses, or stimulates' . . . [or] means 'to arouse to a feeling or action' . . . [or means] 'to incite to anger' "]; see also People v. Fitzpatrick (1992) 2 Cal.App.4th 1285, 1295-1296 [noting that to reduce a murder to second degree murder, premeditation and deliberation may be negated by heat of passion arising from provocation and noting that if the provocation would not cause an average person to experience deadly passion but it precludes the defendant from subjectively deliberating or premeditating, the crime is second degree murder].)

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