What is the test for defining provocation sufficient to reduce a murder to manslaughter?
California, United States of America
The following excerpt is from The People v. Rojas, B215183, Los Angeles County Super. Ct. No. PA057034 (Cal. App. 2010):
Acknowledging that the revised instruction is an accurate statement of the law (People v. Lee (1999) 20 Cal.4th 47, 60 [The provocation sufficient to reduce a murder to manslaughter "must be such that an average, sober person would be so inflamed that he or she would lose reason and judgment"]), defendant asserts it was misleading for the court to insert the word "sober" when defining provocation after it refused to give the
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