State v. Gounagias
Citation
88 Wash. 304 (1915)
Facts
Gounagias had been sodomized by the victim several weeks before the killing; in the intervening period, the victim repeatedly taunted Gounagias about the assault in front of others, and Gounagias ultimately killed him after one such taunting episode.
Issue
Whether repeated reminders of an original provocative act committed weeks earlier can cumulatively constitute sufficient provocation to reduce a killing to manslaughter, even after the cooling period for the original act has elapsed.
Holding
The Court rejected the manslaughter instruction, holding that the original provocation could not be revived by subsequent taunts after a reasonable cooling period had passed.
Rule
The original provocative act may not be “rekindled” by subsequent reminders after a cooling period has elapsed; the law does not permit cumulative provocation built up over weeks to excuse a later killing — each reminder must itself constitute adequate provocation measured at the time of the killing.