People v. Bourne

I concur with Justice T. E. Brennan. With regard to the two major issues raised on this appeal, the law is clear. A killing may be only manslaughter even though there is an intent to kill. The principle is set forth by Justice Campbell in People v. Scott (1859), 6 Mich 287, 295:

“Voluntary manslaughter often involves a direct intent to kill, but the law reduces the grade of the offense because, looking at the frailty of human nature, it considers great provocations sufficient to excite the passions beyond the control of reason.”

See also: Nye v. People (1876), 35 Mich 16; People v. Lilley…