Does the trial court err in refusing to give a imperfect self-defense instruction?

California, United States of America


The following excerpt is from People v. Conn, C073933, C074223 (Cal. App. 2016):

Accordingly, the trial court did not err, either in refusing to give an imperfect self-defense instruction, or in instructing the jury that self-defense was not available. Likewise, since unreasonable self-defense is relevant only to determine whether malice has been established, limiting the crime to the lesser offense of voluntary manslaughter, and since malice is irrelevant when the charge is felony murder, the trial court did not err in failing to give the lesser offense instructions of voluntary manslaughter and attempted voluntary manslaughter. (People v. Balderas (1985) 41 Cal.3d 144, 197.)

A. CALCRIM No. 301 Was Not Prejudicial

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