*187 KENNARD, J., Dissenting. In California, murder is defined as “the unlawful killing of a human being, . . . with malice aforethought.” (Pen. Code, § 187.) One who intentionally kills in the “heat of passion,” however, lacks malice and is guilty not of murder, but of voluntary manslaughter. (Pen. Code, § 192.) In this case, defendant was charged with mur…
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