heat of passion

heat of passion
The expression for a mental state on the part of the accused reducing the offense of the killing of a person from murder to manslaughter; heat in the sense of an emotional state, produced by an adequate or reasonable provocation and before a reasonable time has elapsed for the blood to cool and reason to assume its habitual control. State v Forsha, 190 Mo 296, 88 SW 746; State v Seaton, 106 Mo 198, 204; Johnson v State, 129 Wis 146, 108 NW 55.

Ballentine's law dictionary. . 1998.

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  • heat of passion — heat of pas·sion: an agitated state of mind (as anger or terror) prompted by provocation sufficient to overcome the ability of a reasonable person to reflect on and control his or her actions – called also heat of blood, heat of passion on sudden …   Law dictionary

  • heat of passion — A term used by the common law to refer to the condition of a defendant who can assert provocation as a basis for mitigating murder to manslaughter. Refers to passion or anger suddenly aroused at the time by some immediate and reasonable… …   Black's law dictionary

  • heat of passion — A term used by the common law to refer to the condition of a defendant who can assert provocation as a basis for mitigating murder to manslaughter. Refers to passion or anger suddenly aroused at the time by some immediate and reasonable… …   Black's law dictionary

  • sudden heat of passion — sudden heat of passion: heat of passion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • sudden heat of passion — In the common law definition of manslaughter, this phrase means an excess of rage or anger, suddenly arising from a contemporary provocation. It means that the provocation must arise at the time of the killing, and that the passion is not the… …   Black's law dictionary

  • passion — pas·sion / pa shən/ n: intense, driving, or overpowering feeling or emotion; esp: any violent or intense emotion that prevents reflection see also heat of passion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • heat — index passion Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • heat — heatable, adj. heatful, adj. heatless, adj. heatlike, adj. /heet/, n. 1. the state of a body perceived as having or generating a relatively high degree of warmth. 2. the condition or quality of being hot: the heat of an oven. 3. the degree of… …   Universalium

  • heat — [[t]hit[/t]] n. 1) the condition or quality of being hot; the state of a body having or generating a high degree of warmth 2) degree of hotness; temperature: moderate heat[/ex] 3) the sensation of warmth or hotness 4) a bodily temperature higher… …   From formal English to slang

  • passion — In the definition of manslaughter as homicide committed without premeditation but under the influence of sudden passion or heat of passion , this term means any of the emotions of the mind known as rage, anger, hatred, furious resentment, or… …   Black's law dictionary

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