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The old common law was very strict about the consequences of adultery and adequate provocation. In Reed v. State, 62 Miss. 405, the court said: 'If he (the defendant) had caught the offender in the act of adultery with his wife, and had slain him on the spot, the crime would have been extenuated to manslaughter' such provocation, in legal contemplation, being sufficient to produce that brevis furor which for the moment unsettles reason.' And this was recognized as the rule at common law. 4 Bla. Com., 191. 


In Mays v. State, 88 Ga. 399, 14 S.E. 560 quoting and approving the statement of the law by Gilpin, C. J., in State v. Pratt, 1 Houst. 265, it is said: 'In order to reduce the crime from murder to manslaughter it is necessary that it should be shown that the prisoner found the deceased in the very act of adultery with his wife. I do not mean to say that the prisoner must stand by and witness the actual copulative conjunction between the guilty parties. If the prisoner saw the deceased in bed with his wife, or saw him leaving the bed of the ...

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