Ex Parte Fraley (OK Criminal Ct of Appeals, 1910)
Facts: Parker was outside a drug store. Fraley came around corner, walked up to deceased, and said "Hello Dan" and fired 2 shots into deceased quickly. Deceased staggered and fell off sidewalk. Fraley walked around an obstruction and fired 4 more shots into deceased. Then snapped his pistol close to head of deceased saying, "I told you I'd kill you. You killed my boy." Deceased has shot and killed son of Fraley 9-10 months prior.
Procedural History: Is pending a determination of a charge of murder, a capital offense.
Issue: Was there sufficient time in which the passion of a reasonable man would cool? Is the petitioner's guilt evident?
Rule: Ordinarily one day, or even half a day, is in law much more than sufficient time for one's passion to cool; and a killing committed upon a provocation given some 9-10 months before is not, on account of that provocation or any related passion, reduced to manslaughter. A deliberate killing committed in revenge for an injury inflicted in the past, however near or remote, is murder.
Holding: There was sufficient time in which the passion of a reasonable man would cool, and the petitioner's guilt is evident.
Reasoning: Precedent cases have held 4 hours, and 3 days, intervening between provocation and killing as sufficient cooling time.
Disposition: