Does the trial court err in failing to instruct the jury that provocation was not sufficient to constitute a voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Salguero, B254320 (Cal. App. 2015):
As discussed above, the trial court properly did not instruct the jury with a heat of passion voluntary manslaughter instruction. Because only murder and not voluntary manslaughter was at issue, the trial court did not err in failing to instruct the jury that the prosecution had to prove beyond a reasonable doubt that provocation was lacking. (See People v. Rios, supra, 23 Cal.4th at p. 462; People v. Thomas, supra, 218 Cal.App.4th at p. 643.)
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