What are the consequences of a court's failure to instruct the jury on involuntary manslaughter?

Furthermore, although voluntary and involuntary manslaughter carry identical penalties upon conviction (People v. Doyle, 162 Cal.App.2d 158, 328 P.2d 7), there is an important distinguishing factor. A conviction of voluntary manslaughter makes defendant ineligible for probation, except in unusual cases, as she is a person who 'used a deadly weapon upon a human being in connection with the perpetration of the crime' (Pen.Code, 1203). Thus, we hold that the court's failure to instruct on involuntary manslaughter, sua sponte, was prejudicial and constituted reversible error.

There is no merit in defendant's contention that the evidence was insufficient to support a judgment of voluntary manslaughter. ² The jury was not bound to accept defendant's particular version of the facts (People v. Bell, 171 Cal.App.2d 834, 837, 341 P.2d 829) and she concedes in her closing brief that there was testimony indicating an intentional killing. We find sufficient evidence in the record to support judgments of either voluntary manslaughter, involuntary manslaughter, justifiable homicide, or even excusable homicide. ³