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Michigan Supreme Court - 10 Mich. 212
Tags: Criminal law, Provocation
The court ruled that evidence of an adulterous relationship between the victim and his wife cannot reduce the charge of assault with intent to kill and murder to manslaughter. Malice aforethought is necessary for murder, and both the act and the malice must be proven by the prosecution. The law distinguishes between manslaughter and murder if a person intentionally kills someone in the heat of passion due to adequate provocation, before regaining control of their reason. The reasonableness or adequacy of provocation is a question of fact that depends on the specific circumstances of each case and cannot be determined by past decisions or predetermined rules. The cooling time must depend on the nature of man, the laws of the human mind, and the circumstances of the provocation. The Court should define the principles upon which the question is to be decided and leave it to the jury to determine whether the time was reasonable. The proposed evidence should have been admitted because it would have left no reasonable doubt that the assault was committed in consequence of the alleged provocation. The evidence offered was erroneously rejected, and the Court erred in assuming to take the question of sufficient provocation from the jury and deciding what was a reasonable time for cooling.
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