What is the test for reasonable self-defense in a shooting case?

This scenario is consistent with appellant's testimony except for the cause of the gun being fired. The "unreasonable self-defense" type of voluntary manslaughter is premised on an intentional killing, whereas appellant testified that the gun went off by accident in the midst of the struggle. This, however, does not preclude a jury determination that in fact appellant pulled the trigger out of fear. The jury was entitled to reject that portion of appellant's testimony which sought to explain the shooting as an accident and still find that appellant had not acted with malice. (See People v. Shavers (1969) 269 Cal.App.2d 886, 889, 75 Cal.Rptr. 334.)

Hence, the evidence was sufficient to justify a finding of unreasonable self-defense and the trial court would have erred had it denied a request for instructions on this theory. (See People v. Dewberry (1959)[32 Cal.3d 329] 51

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