Code, § 203), Related Issues. (“Imperfect Self-Defense Not Available. “[A]part from the McKelvy lead opinion, there is no authority to support [the] claim that the mere use of the term ‘malicious' in section 203 requires a court to instruct a jury that an actual but unreasonable belief will negate the malice required to convict for mayhem …. [Mayhem] involves a different requisite mental state and has no statutory history recognizing a malice aforethought element or the availability of the Flannel defense.” (People v.

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