Maher v. People
Michigan Supreme Court
10 Mich. 212 (1862)
Relevant factsFree
Believing his wife and Patrick Hunt were having an affair, Maher (defendant) followed the two into the woods and, after learning from a friend just before entering a saloon that they had had sex the day before, approached Hunt inside and shot him in the ear; charged with assault with intent to kill, Maher was convicted after the trial judge excluded evidence of the events leading up to the shooting as proof of provocation, and Maher appealed.
IssueFree
Whether a criminal charge of murder may be reduced to manslaughter if the intentional killing is committed in the heat of passion produced by a reasonable provocation before a reasonable time has lapsed for the passion to cool.