sentences:  In light of the "centuries-old common law recognition of malice as the fact distinguishing murder from manslaughter" and of the "widely held modern view that heat of passion, once raised by the evidence, was a subject of the State's burden," due process required the state to bear the burden of proving absence of heat of passion.Otherwise, the state could "manipulate its way out" of the requirement that it prove every element of the crime beyond a reasonable doubt.In "Patterson v. New York", , however, the Court had held that New York's definition of homicide, which had no malice element, did not improperly force the defendant to disprove that he had acted with malice.