“Evidence of adequate provocation overcomes the presumption of malice.”
How later courts described this case
- “Evidence of adequate provocation overcomes the presumption of malice.”
Written by the judges who cited it.
The opinion
BURKE, J.
Finding no error under Witherspoon v. Illinois, 391 U.S. 510 [ 20 L.Ed.2d 776 , 88 S.Ct. 1770 ], I dissent from the reversal as to penalty. In all other respects I concur.
McComb, J., and Sullivan, J., concurred.
The petitions of the appellant and the respondent for a rehearing were denied September 17, 1969. Peek, J., * sat in place of Mosk, J., who deemed himself disqualified. McComb, J., Burke, J., and Sullivan, J., were of the opinion that the respondent’s petition should be granted.