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A jury found appellant guilty of the second degree murder of his wife’s lover and also found true an allegation that he had personally used a deadly weapon. (Pen. Code, §§ 187, 12022, subd. (b).) The trial court sentenced him to a state prison term of 15 years to life. Appellant contends, “The trial court erred in instructing under CALCRIM No. 917 that mere ‘words’ cannot establish a defense to battery, and in permitting the prosecutor to argue to the jury, over objection, that ‘words’ cannot legally constitute ‘provocation’ to reduce a homicide to manslaughter.” Appellant further contends that the prosecutor committed misconduct during closing argument and that the trial court erred in responding to a jury question. We reverse.

Evidence at Trial

On May 23, 2003, appellant approached correctional officer Bjorn Meil at the information desk of the Santa Clara County jail. He told Officer Meil that he had an emergency. Meil asked him to wait while Meil concluded his conversation with another person. Appellant waited calmly and, when Meil was finished, appellant told him, “I just killed someone and I want to turn myself in.” In response to Meil’s question, appellant said…