People v. Wharton

George Wharton (defendant) was charged with murder and argued at trial that the killing was provoked by weeks of dysfunctional conduct in his relationship with the victim. He requested a jury instruction stating that provocation could accumulate over time and that the jury had to weigh that time period in deciding whether he had cooled off. The trial court refused this specific instruction and instead gave the standard pattern jury instructions on voluntary manslaughter, covering heat of passion, provocation, and the cooling-off period generally. The jury convicted Wharton, and he appealed the refusal to give his requested instruction.