Is voluntary manslaughter a lesser included offense of murder?

California, United States of America


The following excerpt is from People v. Barnette, C079639 (Cal. App. 2018):

lesser included offense. [Citation.] Voluntary manslaughter is a lesser included offense of murder. [Citation.] [] On appeal, we review independently whether the trial court erred in failing to instruct on a lesser included offense. [Citation.]" (People v. Booker (2011) 51 Cal.4th 141, 181 (Booker).)

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