Can a reasonable doubt be entertained that an unlawful killing was accomplished with implied malice during the course of a dangerous assaultive felony?

California, United States of America


The following excerpt is from People v. Brothers, 186 Cal.Rptr.3d 98, 236 Cal.App.4th 24 (Cal. App. 2015):

rational jury could entertain a reasonable doubt that an unlawful killing was accomplished with implied malice during the course of an inherently dangerous assaultive felony. Still, the existence of any evidence, no matter how weak will not justify instructions on a lesser included offense.... [Citation.] Such instructions are required only where there is substantial evidence from which a rational jury could conclude the defendant committed the lesser, but not the greater, offense. (People v. DePriest (2007) 42 Cal.4th 1, 50, 63 Cal.Rptr.3d 896, 163 P.3d 896.)

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