In what circumstances will the court instruct the jury on self-defense rather than intentional shooting?

California, United States of America


The following excerpt is from People v. Curtis, 30 Cal.App.4th 1337, 37 Cal.Rptr.2d 304 (Cal. App. 1994):

7 Similarly, in People v. Mayweather (1968) 259 Cal.App.2d 752, 66 Cal.Rptr. 547, the defendant testified that during a fight, he grabbed for a gun on the floor to keep his opponent from getting it; it went off accidentally, killing his opponent. (Id., at p. 755, 66 Cal.Rptr. 547.) The court noted that "a finding of self-defense, which imports a volitional shooting, is inconsistent with defendant's own testimony. On the other hand, the People went to some trouble to prove by expert testimony that the gun in question would not accidentally discharge as claimed by defendant. Under the circumstances the jury could have found that for various reasons defendant's recollection was not correct." (Id., at p. 756, 66 Cal.Rptr. 547.) It held that because the jury could have found that the shooting was intentional, the trial court should have instructed the jury on self-defense. (Id.)

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