What is the test for the doctrine of imperfect self defense?
California, United States of America
The following excerpt is from People v. Gough, 19 Cal.App.4th 630, 23 Cal.Rptr.2d 694 (Cal. App. 1993):
In sum, the jury was correctly instructed as to the doctrine of imperfect self defense. " 'In determining whether error has been committed in giving or not giving jury instructions, we must consider the instructions as a whole. We must also assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given. [Citation.]' " (People v. Yoder (1979) 100 Cal.App.3d 333, 338, 161 Cal.Rptr. 35.)
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