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In re Christian S.

Supreme Court of California

872 P.2d 574 (1994)

Relevant factsFree

Christian S. (defendant), a minor harassed by Robert Elliott for a year, began carrying a gun out of fear; when Elliott chased and repeatedly advanced on him on a beach, taunting him to fire, Christian eventually shot and killed Elliott as he closed to about twenty feet away. Charged with second-degree murder in juvenile court, Christian raised imperfect self-defense, but the court rejected it and adjudicated him a ward of the court. The court of appeals reversed, finding Christian held an honest belief Elliott was about to seriously harm him and holding that recent legislative amendments abolishing the diminished capacity defense did not eliminate imperfect self-defense. The state appealed.

IssueFree

Whether, under the doctrine of imperfect self-defense, a defendant who kills another based on an actual but unreasonable belief that he faced imminent death or great bodily harm is guilty of voluntary manslaughter rather than murder.

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