Does the court's comment that a jury would not be able to distinguish between perfect and imperfect self-defense is harmless?

California, United States of America


The following excerpt is from People v. Kingsbury, B264578 (Cal. App. 2018):

Even if the court's statement were error, the error was harmless. When viewed in light of the written jury instructions and other instructions on both perfect and imperfect self-defense, the court's comment is not reasonably likely to have misled the jury on the honest, but unreasonable belief component of imperfect self-defense. (People v. Contreras (2013) 58 Cal.4th 123, 162 ["'"Jurors are not reasonably likely to draw, from bits of language in instructions,"'" conclusions contrary to repeated correct instructions as to the applicable law; "[n]o reasonable juror would have 'parsed'" the instructions in that manner].)

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