Ferrin v. People

By way of summary, then, in my view the majority opinion points up very clearly that in the instant case there is no evidence that a "serious and highly provoking injury sufficient to excite an irresistible passion in a reasonable person" was inflicted upon Stephen by David and that as a result thereof Stephen "upon a sudden heat of passion" killed his brother. Therefore, it was not error for the trial court to refuse to instruct the jury on voluntary manslaughter.