SUDDEN HEAT OF PASSION

In the common law definition of manslaughter, this phrase means an access of rage or anger, suddenly arising from a contemporary provocation. It means that the provocation must arise at the time of the killing, and that the passion is not the result of a former provocation, and the act must be directly caused by the passion arising out of the provocation at the time of the homicide. It is not enough that the mind is agitated by passion arising from a former or other provocation or a provocation given by some other person. Stell v. State (Tex. Cr. App.) 58 S. W. 75. And see Farrar v. State, 29 Tex. App. 250, 15 S. W. 719; Violett v. Comm. (Ky.) 72 S. W. 1; State v. Cheatwood, 2 Hill. Law (S. C.) 402.