What is the test for an individual to be found guilty of attempted voluntary manslaughter in a case of mistaken identity?

California, United States of America


The following excerpt is from People v. Hall, C089794 (Cal. App. 2021):

defendant's mind." (Id. at p. 997.) If a person attempts to kill in the actual but unreasonable belief in having to act in self-defense, the belief negates what would otherwise be malice, and that person is guilty of attempted voluntary manslaughter, not attempted murder. (People v. McCoy (2001) 25 Cal.4th 1111, 1116, italics added.) An attempted killing committed in perfect self-defense is neither attempted murder nor attempted manslaughter; it is justified. (See Randle, supra, at p. 994.)

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