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No person may be convicted of manslaughter in the first degree by heat of passion unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, caused by the defendant(s);
Third, the death was not excusable or justifiable;
Fourth, the death was inflicted in a cruel and unusual manner;
Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of passion.
OR
Fourth, the death was inflicted by means of a dangerous weapon;
Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of passion.