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People v. Borchers

Supreme Court of California

325 P.2d 97 (1958)

Relevant factsFree

Before her death, the defendant's girlfriend had admitted infidelity, attempted to jump from a moving car, expressed a wish to be dead, and on the night of the killing taunted and urged the defendant to shoot her, after which the jury convicted him of second-degree murder but the trial court, on a new trial motion, reduced the verdict to voluntary manslaughter.

IssueFree

Whether a defendant may be guilty of voluntary manslaughter where he kills another out of wild desperation, not rage or anger.

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