Does the prosecution have failed to prove beyond a reasonable doubt that a defendant did not act in self-defense in an assault case?
California, United States of America
The following excerpt is from People v. Cade, B277730 (Cal. App. 2017):
At trial, defendant denied attacking Kakish. Defendant testified he responded in self-defense after Kakish attacked him. On appeal, defendant argues the prosecution failed to prove beyond a reasonable doubt that he did not act in self-defense. To that end, the jury was properly instructed that to find defendant guilty of aggravated assault, the People had to prove, among other things, "The defendant did not act in self-defense." (People v.
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