What is the test for instructional error in instructing a jury to convict a defendant on imperfect defense of others?
California, United States of America
The following excerpt is from People v. Garcia, B289784 (Cal. App. 2019):
Defendant argues that the trial court erred in instructing the jury because (1) the court did not instruct the jury on imperfect defense of others, and (2) the court's instructions effectively prevented the jury from convicting him of the lesser included crime of voluntary manslaughter. We independently review claims of instructional error. (People v. Posey (2004) 32 Cal.4th 193, 218.)
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