People v. Washington

58 Cal.App.3d 620 (1976)

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Nature of the Case

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Facts

Owen died when he was shot by his homosexual partner, Washington (D), while the two were riding in Owen's car. The killing resulted from a lover's quarrel claimed to have been provoked by the unfaithfulness on the part of Owen and his express desire to terminate the relationship. The jury was instructed on the heat of passion mitigation and was told it had to be a standard of an ordinary reasonable man. D argued that this was error as it should have been based on the reasonable ordinary homosexual and that because D was acting as the servient one in the relationship, the standard should have been more akin to the reasonable ordinary female. This appeal resulted from his conviction.