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36 Ky. L.J. 443 (1947-1948)
Criminal Law--Are There Circumstances Other than Provocation which May Reduce Murder to Voluntary Manslaughter

handle is hein.journals/kentlj36 and id is 445 raw text is: CRIMINAL LAW-ARE THERE CIRCUMSTANCES OTHER THAN PROVOCATION WHICH MAY REDUCE M\IURDER TO VOLUNTARY M MANSLAUGHTER? Voluntary manslaughter is a degree or species of felonious homicidei and is a distinct crime.2 It is distinguished from mur der in that in murder malice or malice aforethought is present but is absent in voluntary manslaughter.3 This offense has been commonly defined as an intentional killing with provo- cation and in heat of passion.4 These words have become so as- sociated, in the minds of students of the law, with voluntary manslaughter that their accuracv is hardly questioned. They may well be examined in the light of authority to determine whether in fact they completely define the crime presently Though voluntary manslaughter is said to be an intentional killing, if great bodily harm is intended, the intent requirement is satisfied.5 But there is some authority which may indicate a 'Boyett v State, 69 Fla. 648, 68 So. 931 (1915) Rhea v. Terr., 3 Okla. Cr. 230, 105 Pac. 314 (1909). I RUSSELL, TREATISE ON CRIMES AND MISDEMEANORS (5th ed. 1853) 579. State v. Wilson, 166 Iowa 309, 144 N.W 47 (1913), State v. Brown, 152 Iowa 427, 132 N.W 862 (1911). *'I RUSSELL, TREATISE ON CRIMES AND MISDEIEANORS (5th ed. 1853) 579; 3 STEPHEN, HISTORY OF THE CRIMINAL LAW OF ENGLAND 1883) 21. Stephen analyzed malice aforethought as: (a) An intention to cause the death of, or grievous bodily harm to, any person, whether such person is the person actually killed or not; (b) Knowledge that the act or omission which causes death will probably cause the death of, or grievous bodily harm to some person, whether such person is the person actually killed or not, (c) An intent to commit any felony whatever; (d) An intent to oppose by force any officer of justice in arresting or keeping in custody a person whom he has a right to arrest or keep in custody, or in keeping the peace. 3 STEPHEN, HISTORY OF THE CRIMINAL LAW OF ENGLAND (1883) 22. Olds v State, 44 Fla. 452, 33 So. 296, 299 (1902) Cottrell v. Commonwealth, 271 Ky. 52, 59, 111 S.W 2d 445, 449 (1937) Com- monwealth v. Carroll, 326 Pa. 135, 191 Atl. 610, 611 (1937) Reynolds v. State, 154 Ala. 14, 45 So. 894 (1908), Harrington v .State, 83 Ala. 9, 3 So. 425 (1888) Commonwealth v. Micuso, 237 Pa. 474, 117 Atl. 211 (1902) Commonwealth v. Gable, 7 Serg. & R. (Pa.) 423 (1821).

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