How have courts interpreted the theory of imperfect self-defense in a voluntary manslaughter instruction?

California, United States of America


The following excerpt is from People v. Salguero, B254320 (Cal. App. 2015):

Although defendant asserts that the trial court erred in failing to give the jury a voluntary manslaughter instruction based on the theory of imperfect self-defense, defendant does not develop the argument. Nevertheless, that argument fails for the same reason that defendant's argument that the trial court erred in failing to give the jury a voluntary manslaughter instruction based on the theory of imperfect defense of another failsi.e., there was no evidence that defendant believed that there was an imminent as opposed to a future threat of death or great bodily injury to herself. (People v. Manriquez, supra, 37 Cal.4th at p. 581.)

II. Voluntary Manslaughter Instruction Based on the Theory of Heat of Passion

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