Does the court have to instruct the jury on the charge of involuntary manslaughter?

MultiRegion, United States of America

The following excerpt is from Angulo v. Bunnell, 952 F.2d 406 (9th Cir. 1991):

1 We also note that the court instructed the jury on the lesser included offense of voluntary manslaughter, which like involuntary manslaughter, involves a homicide committed without malice. Cal.Penal Code 192. The jury in this case, however, concluded that malice aforethought was present and found Angulo guilty of second degree murder. In light of the district court's finding that there was substantial evidence to support the murder conviction, failing to give an involuntary manslaughter instruction was not prejudicial to Angulo in any event. See Hopper v. Evans, 456 U.S. 605, 613-14 (1982).

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