Does removing the word "wrongful" from the sentence does not permit the jury to find that anything prior to the shooting precluded imperfect self-defense?

California, United States of America


The following excerpt is from People v. Demery, E068216 (Cal. App. 2019):

Moreover, removing the word "wrongful" did not permit the jurors to find that anything he did leading up to the shooting precluded imperfect self-defense. He focuses on this omission and the single sentence in isolation, rather than on the court's response as a whole. This he may not do. (People v. Dieguez, supra, 89 Cal.App.4th at p. 276.) The court did not tell the jury that any conduct at all by defendant precluded imperfect

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