CALIFORNIA COURT OF APPEAL REVERSES CALIFORNIA MURDER CONVICTION
People v. Le (2007) , Cal.App.4th
[No. H030808. Sixth Dist. Dec. 27, 2007.]
A jury found appellant guilty of the second-degree murder of his wife's lover and also found true an allegation that he had personally used a deadly weapon. (Pen. Code ยงยง 187, 12022, subd. (b).)
The trial court sentenced him to a state prison term of 15 years to life. Appellant contended, "The trial court erred in instructing under CALCRIM No. 917 that mere 'words' cannot establish a defense to battery, and in permitting the prosecutor to argue to the jury, over objection, that 'words' cannot legally constitute 'provocation' to reduce a homicide to manslaughter."
Appellant further contended that the prosecutor committed misconduct during closing argument and that the trial court erred in responding to a jury question.
The Court of Appeal reversed.
