Is voluntary manslaughter a lesser included offense of intentional murder?

California, United States of America


The following excerpt is from People v. Yoshida, B263484 (Cal. App. 2016):

A court is required to instruct the jury sua sponte on any and all lesser included offenses supported by the evidence. (People v. Breverman (1998) 19 Cal.4th 142, 160.) Voluntary manslaughter on a theory of sudden quarrel or heat of passion is a lesser included offense of intentional murder. (Id. at pp. 153-154.) A lesser included offense is supported by the evidence if there is evidence from which a reasonable jury could conclude that the lesser offense, but not the greater, was committed. (Id. at p. 162.)

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