What is the test for justifiable homicide?

Under California law the petitioner was not entitled to the requested instruction. He presented only minimal and insubstantial evidence of false imprisonment, therefore the trial court was not required to instruct on its effect. People v. Flannel, 25 Cal.3d 668 (1980).

Similarly, petitioner was not entitled to an instruction on justifiable homicide when his evidence did not support an imminent fear of death or serious bodily harm. California law requires an imminent fear of death or serious bodily harm in order to justify a homicide. People v. Ceballos, 12 Cal.3d 470 (1974). The use of deadly force to avoid a future fear is contrary to California law. People v. Aris, 215 Cal.App.3d 1178, 1190 (1989).