If a jury was instructed on imperfect self-defense, would it have returned a first-degree murder verdict if it had been instructed on a "perfectly self-defence" method?

California, United States of America


The following excerpt is from People v. Millender, B278727 (Cal. App. 2018):

cf. People v. Manriquez, supra, at p. 582 [first-degree murder verdict left "no doubt" jury would have returned the same verdict had it been instructed on imperfect self-defense].)

Other Questions


Can a defendant who objected to an instruction and verdict form referencing a lying-in-wait theory of first degree murder continue to oppose the instruction and the verdict forms? (California, United States of America)
In a second degree murder case, in what circumstances would have been a manslaughter verdict if the jury had been given the same instructions on the subject of murder and manslaughter? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
If a wife makes a separate income tax return, as she would have a right to do, would her husband be permitted to make a joint return? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
How have courts used the felony murder special circumstance findings to demonstrate that instructional errors on other aspects of the murder instructions are harmless? (California, United States of America)
What is the test for a jury to return a verdict of death in a murder trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.