No. S188238.

59 Cal.4th 121 (2014)

172 Cal. Rptr. 3d 413

325 P.3d 951

THE PEOPLE, Plaintiff and Respondent, v. CHARLES ELMORE, Defendant and Appellant.

Supreme Court of California.

June 2, 2014.

Attorney(s) appearing for the Case

Eric R. Larson , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Lawrence M. Daniels , Paul M. Roadarmel, Jr. , and Rama R. Maline , Deputy Attorneys General, for Plaintiff and Respondent.

Mitchell Keiter as Amicus Curiae on behalf of Plaintiff and Respondent.



A killing committed because of an unreasonable belief in the need for self-defense is voluntary manslaughter, not murder. "Unreasonable self-defense, also called imperfect self-defense, `obviates malice because that most culpable of mental states "cannot coexist" with an actual belief that the lethal act was necessary to avoid one's own death or serious injury at the...

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