Is there any error not to instruct the jury on involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Moser, F076073 (Cal. App. 2019):

Furthermore, even assuming, arguendo, it was error not to instruct the jury on involuntary manslaughter, defendant was not prejudiced. By convicting defendant of second degree murder instead of the lesser included offense of voluntary manslaughter, the jury found that defendant acted with malice, necessarily rejecting the view that the killing was manslaughter. Also, in rendering a conviction for second degree murder, the jury implicitly rejected defendant's version of the events and defenses, including that he acted in self-defense, imperfect self-defense, or in the heat of passion, which would have resulted in his acquittal or reduced his conviction to voluntary manslaughter. Because the jury resolved these factual findings requisite to involuntary manslaughter against defendant, he cannot have been prejudiced by the lack of an instruction on involuntary manslaughter. Thus, any alleged error was harmless. (See People v. Lewis (2001) 25 Cal.4th 610, 646 ["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"].)

Other Questions


Is there any structural or structural error or error in the way the jury was instructed on the involuntary manslaughter trial? (California, United States of America)
Does the error in failing to instruct the jury on involuntary manslaughter constitute a reversible error? (California, United States of America)
Can a jury in a personal injury case be found to have erred in instructing the jury on involuntary manslaughter through the commission of involuntary manslaughter? (California, United States of America)
Does a defendant's accession to the trial court's failure to instruct on involuntary manslaughter invite error? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does a failure to give diminished capacity-involuntary manslaughter instruction in a second degree murder case constitute a prejudicial error? (California, United States of America)
Can a defendant be charged with or convicted of involuntary manslaughter under section 192, subd. (b) of the involuntary manslaughter statute? (California, United States of America)
Does a jury have a sua sponte duty to instruct on voluntary manslaughter, involuntary manslaughter, and simple assault as lesser included offenses to murder? (California, United States of America)
Does the Court of Appeal's failure to instruct on involuntary manslaughter constitute a federal constitutional error subject to review? (California, United States of America)
How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.