In re CHRISTIAN S., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent,
v.
CHRISTIAN S., Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
May 16, 1994.
May 16, 1994.
Attorney(s) appearing for the Case
COUNSEL
Stephen Gilbert, under appointment by the Supeme Court, for Defendant and Appellant.
Fern M. Laethem, State Public Defender, Philip M. Brooks, Deputy State Public Defender, Ronald Y. Butler, Public Defender (Orange), Carl C. Holmes, Chief Deputy Public Defender, Deborah Ann Kwast, Assistant Public Defender, Thomas Havlena, Marri Derby, Deputy Public Defenders, Jeff Brown, Public Defender (San Francisco), Michael Willemson, Michael Satris, Kat Kozik, John T. Philipsborn, Kent S. Scheidegger, Veronica L. Gray, Jennifer L. Keller, Kristin A. Erickson, Andrea Taylor Gee and Gary M. Mandinach as Amici Curiae on behalf of Defendant and Appellant.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pat Zaharopoulos, Garrett Beaumont, Louis R. Hanoian and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.
John J. Meehan, District Attorney (Alameda), Thomas J. Orloff, Chief Assistant District Attorney, William M. Baldwin, Assistant District Attorney, and Jeff Rubin, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.
Supreme Court of California.
OPINION
BAXTER, J.
Under the doctrine of imperfect self-defense, when the trier of fact finds that a defendant killed another person because the defendant actually, but unreasonably, believed he was in imminent danger of death or great bodily injury, the defendant is deemed to have acted without malice and thus can be convicted of no crime greater than voluntary manslaughter. The question is whether the Legislature abrogated...
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