Maher v. People
Citation
10 Mich. 212 (1862)
Facts
Maher shot a man shortly after discovering him in the woods with his wife in circumstances strongly suggesting adultery; the trial court refused to allow evidence of what Maher had witnessed, and he was convicted of assault with intent to kill.
Issue
Whether the trial court erred in excluding evidence of provocation and whether the standard for adequate provocation is objective or subjective.
Holding
The Michigan Supreme Court reversed, holding the evidence of provocation should have been admitted and applying an objective standard for adequate provocation.
Rule
Whether provocation is legally adequate is judged by an objective standard — whether a reasonable person in the defendant’s situation would have been provoked to lose self-control; the cooling time between the provocation and the killing is also a relevant consideration.