Is there any evidence warranting a voluntary manslaughter instruction where the evidence shows that a defendant shot and killed a man he believed was his wife's paramour?

In People v. Hudgins (1967) 252 Cal.App.2d 174, 181, for example, the court found no evidence warranting voluntary manslaughter instructions where the evidence showed the defendant broke into a house and shot the man he believed was his wife's paramour. "There was no evidence of a sudden quarrel, but only proof of a violent attack by an armed man upon one who was unarmed and who made a futile attempt to save his own life. There was no sudden heat of passion, but only evidence of a persistent, brooding jealousy which spurred appellant to a decision to arm himself and lie in wait for a victim. All the evidence indicated it was not a sudden, impetuous decision, acted upon without time and opportunity for reflection and the cooling off of suddenly aroused emotion. It was a decision reached after long deliberation and meditation, and careful preparation to carry into execution the threats appellant had repeatedly uttered. Upon

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these facts the killing was not manslaughter; it was, at the least, murder of the second degree."