Does the fact that involuntary manslaughter is included within murder justify instruction thereon?
California, United States of America
The following excerpt is from People v. Fields, C058413 (Cal. App. 8/24/2009), C058413 (Cal. App. 2009):
The fact that involuntary manslaughter is an offense included within murder did not justify instruction thereon. A trial court should not instruct on a lesser offense unless there is evidence from which a rational jury could find that the lesser offense, and not the greater, was committed. (People v. Breverman (1998) 19 Cal.4th 142, 177.)
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