Hannah v. Commonwealth, 153 Va. 863, 149 S.E. 419 (1929) is a Supreme Court of Virginia case that is often cited for distinguishing the "heat of passion" from malice as the motive in a crime.[1] The formulation is:
'Malice aforethought' implies a mind under the sway of reason, whereas 'passion' whilst it does not imply a dethronement of reason, yet it is the furor brevis, which renders a man deaf to the voice of reason so that, although the act was intentional to death, it was not the result of malignity of heart, but imputable to human infirmity. Passion and malice are, therefore, inconsistent motive powers, and hence an act which proceeds from the one, cannot also proceed from the other.
Referencesedit
^Criminal Law Cases and Materials, 7th ed.. 2012, John Kaplan, Robert Weisberg, Guyora Binder
External linksedit
Hannah v. Commonwealth, 153 Va. 863, 149 S.E. 419 (1929)
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hannah, commonwealth, 1929, supreme, court, virginia, case, that, often, cited, distinguishing, heat, passion, from, malice, motive, crime, formulation, courtsupreme, court, virginiafull, case, nameharris, decidedseptember, 1929, 1929, citation, 863court, memb. Hannah v Commonwealth 153 Va 863 149 S E 419 1929 is a Supreme Court of Virginia case that is often cited for distinguishing the heat of passion from malice as the motive in a crime 1 The formulation is Hannah v CommonwealthCourtSupreme Court of VirginiaFull case nameHarris Hannah v Commonwealth DecidedSeptember 19 1929 1929 09 19 Citation s 149 S E 419 153 Va 863Court membershipJudges sittingRobert R Prentis Jesse F West Preston White Campbell Richard Henry Lee Chichester Henry W Holt Malice aforethought implies a mind under the sway of reason whereas passion whilst it does not imply a dethronement of reason yet it is the furor brevis which renders a man deaf to the voice of reason so that although the act was intentional to death it was not the result of malignity of heart but imputable to human infirmity Passion and malice are therefore inconsistent motive powers and hence an act which proceeds from the one cannot also proceed from the other References edit Criminal Law Cases and Materials 7th ed 2012 John Kaplan Robert Weisberg Guyora BinderExternal links editHannah v Commonwealth 153 Va 863 149 S E 419 1929 nbsp This article relating to case law in the United States or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Hannah v Commonwealth amp oldid 1185769359, wikipedia, wiki, book, books, library,
