This is a bad neighbor case. Sivec (S) unintentionally shoots Misa (M).
S is driving, M cuts him off. M runs at S with a bar and knife. S gets gun and fires warning shots, hits M. S argues provocation. Trial court makes guilty ruling.
This appeal is on the basis that court didn’t consider provocation when considering damages.
What is the test for provocation?
Provocation is determined by whether the conduct would have caused a reasonable person to lose self-control.
Court says that there must be evidence of provocation; the court defined provocation strictly: which justifies not giving instructions to jury about provocation. The test is an objective one: Whether the conduct would have caused a reasonable person to lose self-control.