People v. Nugent
4 Cal. 341
Cal.1854Check Treatmentdelivered the opinion of the Court.
The indictment is objected to, because it does not allege the offense to have been committed “without considerable provocation. ” Although in the statute this language does qualify the character of the offense, yet it does not enter into the gist of the charge. A bare negative qualification need never be averred, but must be relied on as matter of defense in the progress of the trial.
Judgment affirmed.