Provocation
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
The act of inciting another to do something. Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to commit an assault end battery. In cases of homicide it may reduce the offence from murder to manslaughter; but not if the provocation is by mere words, however exasperating; Allen v. U. S., 164 U. S. 492, 17 Sup. Ct. 154, 41 L. Ed. 528. But when the provocation is given for the purpose of justifying or excusing an intended murder, and the party provoked is killed, it is no justification; Whart. Cr. L. 457.
See Honesty v. Com., 81 Va. 298.
The unjust provocation by a wife of her husband, in consequence of which she sufremedy In such cases is to change her man* ners; 2 Lee 172; 1 Hagg. Cons. 155.