Is a failure to instruct the jury on a lesser included offense harmless?
California, United States of America
The following excerpt is from People v. Swierski, H038846 (Cal. App. 2014):
"Error in failing to instruct the jury on a lesser included offense is harmless when the jury necessarily decides the factual questions posed by the omitted instructions adversely to defendant under other properly given instructions." (People v. Koontz (2002) 27 Cal.4th 1041, 1085-1086.) Thus, the failure to give a lesser included offense
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