Is voluntary manslaughter a lesser form of murder than intentional murder?
California, United States of America
The following excerpt is from The People v. Santana, B220559, No. TA092382 (Cal. App. 2011):
killing from murder to voluntary manslaughter by negating the element of malice that otherwise inheres in such a homicide [citation], voluntary manslaughter of these two forms is considered a lesser necessarily included offense of intentional murder [citation.])." (People v. Breverman (1998) 19 Cal.4th 142, 153-154 (Breverman).)
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