MANSLAUGHTER IN THE FIRST DEGREE -
COOLING TIME DEFINED
There must not be a reasonable opportunity for the passion to cool. This means that the homicide must have occurred while the defendant(s) was/were still affected by the passion or emotion. The homicide must have followed the provocation before there was time for the emotion to cool or subside. Whether or not there was a reasonable opportunity for the passion to cool depends upon whether, under all the circumstances of the particular case, there was such a lapse of time between the provocation and the homicidal act that the mind of a reasonable person would have cooled sufficiently, so that the homicide was directed by reason, rather than by passion or emotion.
The length of time that constitutes a reasonable opportunity for the passion to cool may vary according to the circumstances of the particular case.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
Email our webmaster with any of your comments or suggestions.