The Wisconsin Statutes define one class of manslaughter to be homicides committed "without intent to kill and while in the heat of passion."' It is the purpose of this comment to examine the state of mind required under this statute. The history of the statute can be traced back to early New York legislation, and ultimately to the common law. Therefore, the comment discusses briefly some of the problems that were encountered in New York and at the common law, and attempts to demonstrate the manner in which these same problems have been carried forward unsolved under the present Wisconsin statute.
The conclusion of the comment is that the courts are not able to deal effectively with many cases under the statute, because it restricts too severely the states of mind that can qualify to reduce a homicide to manslaughter. A recommendation is made that the legislature amend the statute to remove some of the difficulties it now raises.
