What is the test for whether a defendant is guilty of voluntary manslaughter or attempted murder in a case of mistaken identity?

California, United States of America


The following excerpt is from The People v. Carter, B212502, No. GA 069912 (Cal. App. 2010):

"If a person kills or attempts to kill in the unreasonable but good faith belief in having to act in self-defense, the belief negates what would otherwise be malice, and that person is guilty of voluntary manslaughter or attempted voluntary manslaughter, not murder or attempted murder." (People v. McCoy (2001) 25 Cal.4th 1111, 1116.) This principle applies if the defendant acted "in the actual but unreasonable belief that he or

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she is in imminent danger of death or great bodily injury...." (People v. Koontz (2002) 27 Cal.4th 1041, 1086.)

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