Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 8. OF CRIMES AGAINST THE PERSON / CHAPTER 1. Homicide
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Cal. Penal Code § 195 (2026)

Homicide

✓ current as of May 2026
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Homicide is excusable in the following cases:

1.When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

2.When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1941–2025 · leading case: People v. Elmore, 325 P.3d 951 (Cal. 2014).
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People v. Elmore, 325 P.3d 951 (Cal. 2014). · cites it 2× “(Pen. Code, § 195 et seq.;3 see 1 Witkin & Epstein, Cal.”
People v. Villanueva, 169 Cal. App. 4th 41 (Cal. Ct. App. 2008). · cites it 2× “Penal Code section 195 provides, in pertinent part, that a homicide is excusable “[w]hen committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.”
Boget v. State, 74 S.W.3d 23 (Tex. Crim. App. 2002). “, Cal.Penal Code § 195 (Deering 2001); Miss.”
People v. Cameron, 30 Cal. App. 4th 591 (Cal. Ct. App. 1994). · cites it 2× “) [6] However, Moe, a significantly larger person, initiated the quarrel, demanded without legal right that defendant leave Halen's residence, and acted to enforce that demand by unlawfully using force, pushing and shoving her to remove her from the residence. Neither this…”
Barber v. Superior Court, 47 A.L.R. 4th 1 (Cal. Ct. App. 1983). “” (Pen. Code, § 195, italics added.) Since petitioners conduct, whether lawful or unlawful, was intentional, if it resulted in the shortening of Mr.”
People v. Valentine, 169 P.2d 1 (Cal. 1946). “Code, § 189) and upon the effect of provocation either in reducing the grade or degree of the offense or in rendering the homicide wholly excusable or justifiable (Pen. Code, §§ 195, 197 and 199), it is practically impossible to give adequate instructions in clear, concise, and…”
People v. Curtis, 30 Cal. App. 4th 1337 (Cal. Ct. App. 1994). “(b)) or excusable homicide by accident or misfortune (Pen. Code, § 195). (People v. Sedeno, supra, 10 Cal.”
People v. Frye, 7 Cal. App. 4th 1148 (Cal. Ct. App. 1992). “) Consequently, in connection with the use of violence against another person in a homicide case, the word “unlawful” is a term of art.”
People v. Mayes, 262 Cal. App. 2d 195 (Cal. Ct. App. 1968). · cites it 2× “Penal Code section 195 provides: "Homicide is excusable in the following cases: [fn.”
Gov't of the Virgin Islands v. Robinson, Jackson, a/k/a Hughes, Lauren Lewell, Appellant, 29 F.3d 878 (3d Cir. 1994). “See Cal. Penal Code § 195 (West 1988); Fla. Stat.”
State v. Patterson, 2025 Ohio 280 (Ohio Ct. App. 2025). “§§ 5-2-605 through 5-2-620; Cal. Penal Code §§ 195 through 199; Colo.”
People v. Dugger, 179 Cal. App. 2d 714 (Cal. Ct. App. 1960). · cites it 2× “As these instructions were not requested by the defendant, it is argued that it was error for the court not to do so on its own motion as these instructions were essential to a fair presentation of the case to the jury. We cannot agree. The record indicates that the court gave…”
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Cal. Penal Code § 195(1): 1 case
Hagenno v. Yarborough, 253 F. App'x 702 (9th Cir. 2007).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.