What is the test for reversal for improper instruction on a theory of manslaughter such as imperfect self-defense?
California, United States of America
The following excerpt is from People v. Currie, 104 Cal.Rptr.2d 430, 87 Cal App. 4th 225 (Cal. App. 2001):
Even if we were to find error, we would find it to be harmless. Reversal for improper instruction on a theory of manslaughter, such as imperfect self-defense, is not warranted unless it appears reasonably probable from the entire record that a defendant would have achieved a more favorable result in the absence of such error. (People v. Breverman (1998) 19 Cal.4th 142, 149.)
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