"Sudden passion" must be directly caused by and arising out of provocation by the deceased at the time of the offense -- passion solely the result of former provocation will not qualify. Tex. Penal Code Ann. § 19.04(b).
After bailing the victim out of jail, the victim's girlfriend's father demanded that the victim get out of his daughter's life. An argument began and the father stabbed the victim to death after a fight. He confessed to the crime. There was also other evidence that someone who saw the father wrestle with the victim's body and a rental car agent who testified about dealings with the rental car the father used to carry victim's body. The father requested instructions on voluntary manslaughter but the trial court declined his request. He was then convicted of murder. On appeal, the Court of Appeals affirmed his murder conviction. The father then appealed the case to the Court of Criminal Appeals of Texas contending that the trial court erred in refusing to submit a requested instruction on a lesser included charge of voluntary manslaughter.
Should the court have instructed the jury on voluntary manslaughter?
The appellate court affirmed the conviction, and the reviewing court affirmed the decisions of the trial and appellate courts. The court held that there was no evidence of that defendant acted under the immediate influence of sudden passion arising from adequate cause as set out in Tex. Penal Code Ann. § 19.04(a)-(c). The court concluded that the passion was not sudden