What is the test for a jury to accept a defendant's argument of imperfect self-defense?

California, United States of America


The following excerpt is from People v. Rodriguez, 53 Cal.App.4th 1250, 62 Cal.Rptr.2d 345 (Cal. App. 1997):

At a minimum, defendant must be able to explain how his theory of imperfect self-defense could have been argued to the jury, given the evidence. In spite of all this, defendant wants to impose upon the trial court an obligation " ' "to glean legal theories and winnow the evidence for remotely tenable and sophistical instructions." ' " (People v. Barton, supra, 12 Cal.4th at p. 197, 47 Cal.Rptr.2d 569, 906 P.2d 531.) We decline to do so.

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