People v. Walker, 55 Ill. App.2d 292 (1965) p416.

appeal of a murder conviction

D was on porch talking with a friend. Another man came up and demanded that they gamble. When D refused, the man drew a knife and repeatedly threatened D and friend. D then threw a brick at deceased knocking him down. They ran up to the man and D picked up deceased's hand with the knife still in it and said he would cut his throat with his own knife. He then slit the man's throat, killing him.

D was convicted of murder and a sentence of 14 years after a bench trial.

Is this voluntary manslaughter instead of murder because D did not have a cooling off period?

Unless there is a cooling off period, what appears to be a murder may actually be voluntary manslaughter.

Defendant is guilty of voluntary manslaughter because there was no cooling off period.

D was obviously provoked. He never even had his a weapon of his own. The deceased was aggressive and intoxicated.