What is the test for a jury to determine whether a defendant acted maliciously in a case of mistaken identity?
California, United States of America
The following excerpt is from The People v. Lightburner, C060142, Super. Ct. No. 06F2604 (Cal. App. 2010):
Defendant contends the circumstances of the killing alternatively show he acted under an honest but unreasonable belief in the need for self-defense, which too eliminates the element of malice and reduces the offense to voluntary manslaughter. (See People v. Blakeley (2000) 23 Cal.4th 82, 87-88; People v. Flannel (1979) 25 Cal.3d 668, 674.)
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