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MULLANEY v. WILBUR

No. 74-13.

421 U.S. 684 (1975)

MULLANEY ET AL. v. WILBUR.

Supreme Court of United States.

Decided June 9, 1975.

Attorney(s) appearing for the Case

Vernon I. Arey, Assistant Attorney General of Maine, argued the cause for petitioners. With him on the brief were Jon A. Lund, Attorney General, Richard S. Cohen, Deputy Attorney General, and Charles K. Leadbetter, Assistant Attorney General.

Peter J. Rubin, by appointment of the Court, 419 U.S. 1017, argued the cause and filed a brief for respondent.

MR. JUSTICE POWELL delivered the opinion of the Court.

The State of Maine requires a defendant charged with murder to prove that he acted "in the heat of passion on sudden provocation" in order to reduce the homicide to manslaughter. We must decide whether this rule comports with the due process requirement, as defined in In re Winship, 397 U.S. 358, 364 (1970), that the prosecution...

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