Can a jury at a retrial of a defendant convicted of grand theft be found guilty of involuntary manslaughter?
California, United States of America
The following excerpt is from People v. Morales, 122 Cal.Rptr. 157, 49 Cal.App.3d 134 (Cal. App. 1975):
Upon a retrial of this matter, therefore, the jury can properly be instructed that if they find defendant guilty of only grand theft, they can also adjudge him guilty of involuntary manslaughter if they find that his act was committed 'without due caution and circumspection' within the meaning of Penal Code section 192, subdivision (2). (See People v. Penny, Supra, 44 Cal.2d 861, 879--880, 285 P.2d 926.)
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