What is the test for whether a defendant can be found guilty of voluntary manslaughter by reason of excessive force or excessive force?
MultiRegion, United States of America
The following excerpt is from Pao v. Lewis, 2: 10 - cv - 758 - MCE TJB (E.D. Cal. 2011):
People v. Lee, 20 Cal. 4th 47, 59, 82 Cal. Rptr. 2d 625, 971 P.2d 1001 (1999) (internal citations and quotation marks omitted). If sufficient time elapsed between the provocation and the "fatal
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blow," such that the defendant's passion subsided and rational thinking returned, the killing is not voluntary manslaughter. See People v. Breverman, 19 Cal. 4th 142, 163, 77 Cal. Rptr. 2d 870, 960 P.2d 1094 (1998).
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