What is the test for imperfect self-defense instruction?
California, United States of America
The following excerpt is from People v. Combs, B270594 (Cal. App. 2018):
here, the defendant's version of events, if believed, establishes actual self-defense, while the prosecution's version, if believed, negates both actual and imperfect self-defense, the trial court is not required to give the imperfect self-defense instruction.24 (See People v. Szadziewicz (2008) 161 Cal.App.4th 823, 834.)
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