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People v. Pouncey

Supreme Court of Michigan

471 N.W.2d 346 (1991)

Relevant factsFree

Ollie Pouncey (defendant) got into a verbal argument with Steven Powers over an accusation of a stolen car; after Powers insulted and threatened him with no physical contact, Pouncey went inside, retrieved a shotgun, came back out, and shot Powers dead. At trial Pouncey testified he was not angry or out of control when he fired. The trial court refused to instruct on voluntary manslaughter, and the jury convicted Pouncey of second-degree murder. The court of appeals reversed, finding the refusal erroneous, and the Michigan Supreme Court granted review.

IssueFree

Whether voluntary manslaughter is the intentional killing of another that occurs in the heat of passion due to reasonable provocation, before a reasonable time has elapsed for the defendant to regain self-control.

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