A. GENERAL PRINCIPLES
500.Homicide: General Principles
Homicide is the killing of one human being by another. (Murder/ [and]
(Manslaughter/manslaughter)) (is/are) [a] type[s] of homicide. The
defendant is charged with (murder/ [and] manslaughter). [Manslaughter
is a lesser offense to murder.]
[A homicide can be lawful or unlawful. If a person kills with a legally
valid excuse or justiﬁcation, the killing is lawful and he or she has not
committed a crime. If there is no legally valid excuse or justiﬁcation, the
killing is unlawful and, depending on the circumstances, the person is
guilty of either murder or manslaughter. You must decide whether the
killing in this case was unlawful and, if so, what speciﬁc crime was
committed. I will now instruct you in more detail on what is a legally
permissible excuse or justiﬁcation for homicide.] [I will [also] instruct
you on the different types of (murder/ [and] manslaughter).]
New January 2006
This instruction should be given if there are multiple theories of homicide or
evidence supporting justiﬁcation or excuse, as a way of introducing the jury to the
law of homicide.
If no homicide defense instructions are given, do not give the bracketed language
in the second paragraph beginning “A homicide can be lawful . . . .” If no
instructions will be given on offenses other than ﬁrst degree murder, do not give
the last bracketed sentence.
• Homicide Deﬁned. People v. Antick (1975) 15 Cal.3d 79, 87 [123 Cal.Rptr.
475, 539 P.2d 43].
• Justiﬁcation or Excuse. Pen. Code, § 189.5; People v. Frye (1992) 7
Cal.App.4th 1148, 1154–1155 [10 Cal.Rptr.2d 217], disapproved on other
grounds in People v. McCoy (2001) 25 Cal.4th 1111, 1123 [108 Cal.Rptr.2d
188, 24 P.3d 1210].
• This Instruction Upheld. People v. Genovese (2008) 168 Cal.App.4th 817, 832
[85 Cal.Rptr.3d 664].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the