What is the test for a jury to determine whether a defendant can be found guilty of manslaughter by reason of provocation?

California, United States of America


The following excerpt is from People v. Suarez, E057525 (Cal. App. 2014):

Furthermore, "A defendant may not provoke a fight, become the aggressor, and, without first seeking to withdraw from the conflict, kill an adversary and expect to reduce the crime to manslaughter by merely asserting that it was accomplished upon a sudden quarrel or in the heat of passion. The claim of provocation cannot be based on events for which the defendant is culpably responsible. [Citations.]" (People v. Oropeza (2007) 151 Cal.App.4th 73, 83.) Rather than withdrawing at the market and leaving with his

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