Does a trial court have to instruct on voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Clark, B246263 (Cal. App. 2014):
A trial court must sua sponte instruct on a lesser included offense if there is substantial evidence the defendant is guilty only of the lesser offense. (People v. Birks (1998) 19 Cal.4th 108, 118.) But as we discussed above, there was no substantial evidence of sufficient provocation to support voluntary manslaughter. Assuming for the sake of argument that substantial evidence existed, the court nevertheless was not required to instruct on voluntary manslaughter.
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