California, United States of America
The following excerpt is from People v. Minifie, B270485 (Cal. App. 2018):
In reviewing the trial court's instructions, we must consider the effect of all the instructions together. (People v. Covarrubias, supra, 1 Cal.5th at p. 905.) The trial court did not err in modifying CALCRIM No. 252 to exclude involuntary manslaughter because, unlike implied malice murder, involuntary manslaughter does not require that the defendant have a wrongful intent or mental state; rather, the People must prove that "[a] reasonable person would have known that acting in that way would create such a risk." (CALCRIM No. 580; People v. Butler, supra, 187 Cal.App.4th at p. 1008.)
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