What is the test for a jury to accept a self-defense instruction?
California, United States of America
The following excerpt is from People v. Puebla, D061277 (Cal. App. 2013):
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Notes:
1. All further statutory references are to the Penal Code unless otherwise indicated.
2. Although the trial court refused a self-defense instruction, it did instruct the jury on attempted voluntary manslaughter based on heat of passion or sudden quarrel. The jury's rejection of heat of passion or sudden quarrel strongly suggests that any error in failing to give a self-defense instruction, if it occurred, was not prejudicial. (See People v. Sedeno, supra, 10 Cal.3d at pp. 720-721.)
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Notes:
1. All further statutory references are to the Penal Code unless otherwise indicated.
2. Although the trial court refused a self-defense instruction, it did instruct the jury on attempted voluntary manslaughter based on heat of passion or sudden quarrel. The jury's rejection of heat of passion or sudden quarrel strongly suggests that any error in failing to give a self-defense instruction, if it occurred, was not prejudicial. (See People v. Sedeno, supra, 10 Cal.3d at pp. 720-721.)
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