Are voluntary manslaughter instructions required when there is evidence of honest but unreasonable self-defense?
California, United States of America
The following excerpt is from People v. Franco, 24 Cal.App.4th 1528, 30 Cal.Rptr.2d 478 (Cal. App. 1994):
Appellant asserts voluntary manslaughter instructions are required when there is any evidence of honest but unreasonable self-defense. (People v. Flannel (1979) 25 Cal.3d 668, 160 Cal.Rptr. 84, 603 P.2d 1.) He contends the trial court erred in refusing such instructions because there was such evidence, regardless of how weak. Appellant is mistaken in both parts of his argument.
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