What is the effect of imperfect self-defense instruction in a murder case?
California, United States of America
The following excerpt is from People v. Box, 23 Cal.4th 1153, 5 P.3d 130, 99 Cal.Rptr.2d 69 (Cal. 2000):
Even assuming substantial evidence supported an imperfect self-defense instruction, there was no prejudice. (People v. Flannel (1979) 25 Cal.3d 668, 684, fn. 12, 160 Cal.Rptr. 84, 603 P.2d 1.) The jury necessarily rejected defendant's account when it found the felony-murder special-circumstance allegations true.
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