California Criminal Jury Instructions (CALCRIM 2017)
CA §510. Excusable Homicide: Accident
The defendant is not guilty of (murder/ [or] manslaughter) if (he/ she) killed someone as a result of accident or misfortune. Such a killing is excused, and therefore not unlawful, if:
1. The defendant was doing a lawful act in a lawful way;
2. The defendant was acting with usual and ordinary caution;
3. The defendant was acting without any unlawful intent.
A person acts with usual and ordinary caution if he or she acts in a way that a reasonably careful person would act in the same or similar situation.
The People have the burden of proving beyond a reasonable doubt that the killing was not excused. If the People have not met this burden, you must find the defendant not guilty of (murder/ [or] manslaughter).
New January 2006; Revised August 2012