OUJI-CR 4-99

MANSLAUGHTER IN THE FIRST DEGREE -

PASSION DEFINED

The passion or emotion which must exist in the defendant(s) refers to any strong emotion, such as fear, terror, anger, rage or resentment. This passion or emotion must have existed to such a degree as would naturally affect the ability to reason and render the mind incapable of cool reflection. However, the passion need not have been such as would entirely overcome reason, or be so overpowering as to destroy free exercise of choice. This emotional state must, however, actually dominate the person at the time of the commission of the homicidal act and must be directed toward the deceased and not toward another.

(2000 Supp.)