Sheffield v. State

1. To authorize a conviction of voluntary manslaughter, “there must he some actual assault upon the person killing, or an attempt hy the person killed to commit a serious personal injury on the person killing, or other equivalent circumstances to justify the excitement of passion, and to exclude all idea of deliberation or malice, either expressed or implied.” Penal Code, § 65. As brothers have the right of mutual protection under the law (Penal Code, § 74), an actual assault by the person killed upon the brother of the person killing, or an attempt by the person killed to commit a serious…