What is the test for reducing an intentional killing from murder to voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Beltran, D073516 (Cal. App. 2019):
4. "[A]n actual, though unreasonable, belief in the need for self-defense" serves to "reduce an intentional, unlawful killing from murder to voluntary manslaughter 'by negating the element of malice that otherwise inheres in such a homicide" because malice " 'cannot coexist' with an actual belief that the lethal act was necessary to avoid one's own death or serious injury at the victim's hand.' " (People v. Rios (2000) 23 Cal.4th 450, 461.)
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