People v. Smith

Defendant challenges the constitutionality of the affirmative defense to the crime of robbery in light of the Supreme Court holding in Mullaney v Wilbur (421 US 684).

In Mullaney the court struck down a Maine statute which required the defendant to prove by a fair preponderance of the evidence that he acted in the "heat of passion on sudden provocation” in order to reduce a felonious homicide from murder to manslaughter. Murder was punishable by life imprisonment, whereas manslaughter was punishable by a fine or imprisonment up to 20 years.

Two courts have applied the Mullaney rationale to New…