PEOPLE V. WASHINGTON
58 Cal.App.3d 620 (1976)
NATURE OF THE CASE: This was an appeal from a conviction of murder.
FACTS: Owen died when he was shot by his homosexual partner, Washington (D), while the
two were riding in Owen's car. The killing resulted from a lover's quarrel claimed to have
been provoked by the unfaithfulness on the part of Owen and his express desire to terminate
the relationship. The jury was instructed on the heat of passion mitigation and was told it
had to be a standard of an ordinary reasonable man. D argued that this was error as it
should have been based on the reasonable ordinary homosexual and that because D was acting
as the servient one in the relationship the standard should have been more akin to the
reasonable ordinary female. This appeal resulted from his conviction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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