Can a jury in a personal injury case be found to have erred in instructing the jury on involuntary manslaughter through the commission of involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Clark, 130 Cal.App.3d 371, 181 Cal.Rptr. 682 (Cal. App. 1982):

We reject defendant's contention that the trial court erred in instructing the jury on involuntary manslaughter through the commission [130 Cal.App.3d 382] of an act involving a high risk of death or great bodily injury without due caution and circumspection. Defendant specifically requested this instruction both in his list of requested jury instructions and orally before the court. Any error in the instruction must be regarded as a tactical choice and thus invited error, which is not a cause for reversal on appeal. (People v. Phillips (1966) 64 Cal.2d 574, 580-581, fn. 4, 51 Cal.Rptr. 225, fn. 4, 414 P.2d 353, fn. 4.)

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