Now the State Supreme Court is looking at the case in response to the defense’s contention that the judge was in error when he ruled this case was not voluntary manslaughter but was appropriately charged as murder.
In 1917 the court ruled that manslaughter is an appropriate charge if an average person would have been provoked to commit a rash act. It focuses on mental state rather than the actual criminal act. He asserts he was provoked to kill her when she told him she had aborted his child.
The dead woman’s family successfully pursued a claim of $500,000 against the city due to a screw-up in a protection order.
Clicking here will link to a SFGATE piece on this story. Thanks to Caroline for the link.