Fennell v. State

The rulings announced in the first and third headnotes do not require elaboration.

In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by 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 express or implied. Penal Code (1910), § 65. An assault is an attempt to commit a violent injury on the person of another. Penal Code (1910), § 95. Mere preparation to commit a violent injury…