What is the test for the defense in a murder case?
California, United States of America
The following excerpt is from People v. Ramirez, B227225 (Cal. App. 2011):
In a murder case, trial courts are obligated to instruct the jury only on those defenses supported by substantial evidence that could lead to conviction of the lesser included offense of voluntary manslaughter. (People v. Valenzuela (2011) 199 Cal.App.4th 1214.) Substantial evidence "is not '"'any evidence, no matter how weak,'"' but evidence from which a reasonable jury could conclude that the defendant was guilty only of manslaughter." (Id. at p. 1228.)
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