Alabama Violent Crimes – Manslaughter

Posted by Steve Eversole | Aug 28, 2007 | 0 Comments

The traditional example of what constitutes Alabama Manslaughter is an intentionally killing committed during the "heat of passion."  A killing that would normally be Murder is reduced to Manslaughter because of a legal provocation.  For instance, catching your spouse in bed with another person is legal provocation to kill your cheating spouse and his/her lover, if the killing is done "in the heat of passion," e.g., immediately after finding them together you grab a gun out of the drawer and shoot them 49 times each, without any sort of calming period in between.  I make sure my wife is well aware of this little diddy.  Just kidding. ha!

§ 13A-6-3. Manslaughter.

(a) A person commits the crime of manslaughter if:

(1) He recklessly causes the death of another person, or

(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.

(b) Manslaughter is a Class B felony.

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Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...


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