What is the test for reducing first degree murder to second degree murder?
California, United States of America
The following excerpt is from People v. Robbins, 19 Cal.App.5th 660, 228 Cal.Rptr.3d 468 (Cal. App. 2018):
"The test of whether provocation or heat of passion can negate malice so as to mitigate murder to voluntary manslaughter is objective." ( People v. Padilla (2002) 103 Cal.App.4th 675, 678, 126 Cal.Rptr.2d 889.) "The test of whether provocation or heat of passion can negate deliberation and premeditation so as to reduce first degree murder to second degree murder, on the other hand, is subjective." ( Ibid. )
Defendant said during a police interview that he had consumed 33 beers and marijuana
[228 Cal.Rptr.3d 479]
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