The Defendant appealed a homicide conviction for the shooting of his wife arguing that the killing resulted from the discovery of her adultery and could; therefore, only amount to manslaughter. In a charge of homicide, the law requires a showing of malice (i.e., a murder committed with premeditation). Implied malice (i.e., murder committed in the “heat of passion;” without premeditation) is nullified by sufficient provocation. The Court found that the murder was premeditated because express malice was proven to the Court. Thus provocation was not considered and the conviction was upheld.
Toopah v. RL