Does the doctrine of imperfect self-defense apply to felony murder?

California, United States of America


The following excerpt is from People v. Street, B267285 (Cal. App. 2017):

Foremost, the doctrine of imperfect self-defense does not apply to felony murder. An "honest but unreasonable belief in self-defense negates malice aforethought. [Citation.] In felony murder, on the other hand, malice aforethought is not required." (People v. Loustaunau (1986) 181 Cal.App.3d 163, 170.) Thus, imperfect-self-defense voluntary manslaughter is not a lesser included offense of felony murder, and there was no error in not instructing on it with respect to the felony murder theory.

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