Can a defendant be found guilty of unlawful homicide even if the evidence establishes a right of self-defense?
California, United States of America
The following excerpt is from People v. Morell, A134052, A134567, A134642 (Cal. App. 2014):
privilege of retaliating with deadly force.' [Citations.] Under these two principles a person may be found guilty of unlawful homicide even where the evidence establishes the right of self-defense if the jury finds that the nature of the attack did not justify the resort to deadly force or that the force used exceeded that which was reasonably necessary to repel the attack." (People v. Clark (1982) 130 Cal.App.3d 371, 380.)
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