Does the Attorney General have any authority to credit defendant's statement to police over his trial testimony?

California, United States of America


The following excerpt is from People v. Senegal, F066131 (Cal. App. 2014):

defense itself." (People v. Breverman, supra, 19 Cal.4th at pp. 162-163, fn. omitted.) Here, a reasonable jury could have credited defendant's statement to police over his trial testimony.

The Attorney General argues appellant's explanations merely show he was "upset" or "scared" but not "angry." But this contention ignores the fact that the necessary passion for voluntary manslaughter "need not be anger or rage, but can be any ' " '[v]iolent, insense, high-wrought or enthusiastic emotion' " ' [citations]." (People v. Breverman, supra, 19 Cal.4th at p. 163.)

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