Nev. Rev. Stat. » NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON

Nev. Rev. Stat. § 200.040

“Manslaughter” defined

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NRS 200.040  “Manslaughter” defined.

      1.  Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation.

      2.  Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.

      3.  Manslaughter does not include vehicular manslaughter as described in NRS 484B.657.

      [1911 C&P § 122; RL § 6387; NCL § 10069]—(NRS A 1983, 1014; 1995, 1725; 2005, 79)

     

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1965–2022 · leading case: Byford v. State
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Byford v. State (2000) nev · cites it 4× “050; see also NRS 200.040 and 200.060. If jurors find that a defendant "killed the deceased under the influence of uncontrollable passion, and without any mixture of deliberation, and if at the same time they [think] that the circumstances were not such as to justify the…”
State v. Latham (2014) washctapp · cites it 4× “9 ¶16 Nevada defined “voluntary manslaughter” at Nev. Rev. Stat. § 200.040 -.050. Nev. Rev.”
United States v. Castillo (2018) ca2 “024(1) ("recklessly"); Nev. Rev. Stat. § 200.040 (2) ("without due caution or circumspection"); N.”
Roberts v. State (1986) nev · cites it 3× “The crime of voluntary manslaughter is defined and described in NRS 200.040, NRS 200.050 and NRS 200.060, the pertinent language being set forth in the margin.”
Sandy v. Fifth Judicial District Court (1997) nev · cites it 3× “Under NRS 200.040 and NRS 200.050, the elements of voluntary manslaughter are (1) the "unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation," (2) the killing must be "upon a sudden heat of passion, caused by a provocation…”
NEWSON, JR. (VERNON) VS. STATE (2020) nev · cites it 2× “" NRS 200.040(2); see also NRS 200.060. We have frequently addressed the circumstances in which a trial judge should give voluntary manslaughter instructions at the request of a defendant charged with murder.”
Hill v. State (1982) nev · cites it 2× “*297 We reject this “imperfect self-defense” theory because, unlike California’s statutory scheme, NRS 200.040 and NRS 200.050 provide an express restriction on the situations giving rise to voluntary manslaughter.”
Gilbert v. State (1983) nev “3795; or in the alternative, (2) involuntary manslaughter, in violation of NRS 200.040, 200.070 and 200.090. Appellant pleaded guilty to violating NRS 484.”
Hanley v. Zenoff (1965) nev “060, the burglary statute, but of NRS 200.040, the manslaughter statute. Petitioner was never arraigned on the amended information and entered no plea thereto.”
Graves v. State (1968) nev “1 NRS 200.040. “Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation.”
Jefferson v. Russell (2022) nvd · cites it 3× “See Nev. Rev. Stat. §§ 200.040 , 3 200.050. The jury chose the lesser of the two possible murder verdicts.”
White (Troy) v. State (2017) nev · cites it 2× “Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible .”
Show all 21 citing cases →
— Nev. Rev. Stat. § 200.040(1) — 1 case
Pineda (Ray) v. State (2013) nev
— Nev. Rev. Stat. § 200.040(2) — 4 cases
Byford v. State (2000) nev “050; see also NRS 200.040 and 200.060. If jurors find that a defendant "killed the deceased under the influence of uncontrollable passion, and without any mixture of deliberation, and if at the same time they [think] that the circumstances were not such as to justify the…”
NEWSON, JR. (VERNON) VS. STATE (2020) nev “" NRS 200.040(2); see also NRS 200.060. We have frequently addressed the circumstances in which a trial judge should give voluntary manslaughter instructions at the request of a defendant charged with murder.”
NEWSON (VERNON) VS. STATE (2019) nev
NEWSON, JR. (VERNON) VS. STATE (2019) nev
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