PEOPLE v. MOYE

No. S157980.

47 Cal.4th 537 (2009)

THE PEOPLE, Plaintiff and Respondent, v. ALEXANDER MOYE, Defendant and Appellant.

Supreme Court of California.

August 24, 2009.


Attorney(s) appearing for the Case

Patricia A. Scott, under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Kristofer Jorstad and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BAXTER, J.

Defendant, who bludgeoned his victim to death with a baseball bat, was convicted of second degree murder. The jury was instructed on, and rejected, both a justifiable homicide defense based on reasonable self-defense, and unreasonable or imperfect self-defense, which would have supported conviction of the lesser included offense of voluntary manslaughter. The trial court refused a defense request to further...

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