Ex Parte Fraley
Oklahoma Criminal Court of Appeals
109 P. 295 (1910)
Fraley (defendant) approached Parker outside a drugstore, greeted him, then shot him twice; after Parker fell, Fraley walked over and shot him four more times, then briefly left before returning to fire once more near Parker's head while accusing him of having killed Fraley's son 9 or 10 months earlier (a killing for which Parker had been acquitted). Fraley claimed that seeing Parker reawakened his grief and triggered a heat-of-passion killing. Charged with murder, Fraley sought pretrial bail via a writ of habeas corpus, arguing the delayed passion entitled him to a manslaughter reduction.
Whether a killing that occurs 9 to 10 months after the provoking incident can be reduced from murder to manslaughter on a heat-of-passion theory, where the defendant claims his own passion had not actually cooled.