provocation

A defense in a divorce case based upon physical violence, verbal abuse, or other course of conduct on the part of the plaintiff likely to lead to retaliation by the defendant, thereby inducing the conduct of the defendant complained of as a ground of divorce. 24 Am J2d Div & S § 174. As an element of voluntary manslaughter as distinguished from murder:–an act, the natural tendency of which is to produce passion in ordinary men, and which, the jury are satisfied, did produce it in the case before them. 26 Am J1st Homi § 25. It is generally agreed that in the determination of whether the provocation is sufficient or reasonable, ordinary human nature, or the average of men recognized as men of fair average mind and disposition, should be taken as the standard, unless, indeed, the person whose guilt is in question is shown to have some peculiar weakness of mind or infirmity of temper, not arising from wickedness of heart or cruelty of disposition. 26 Am J1st Homi § 25.