What if a jury was instructed on involuntary manslaughter rather than first degree murder?
California, United States of America
The following excerpt is from People v. Berry-Vierwinden, D059670 (Cal. App. 2012):
18. Although we need not reach the issue of prejudice, we note that the fact the jury found defendant guilty of first degree, rather than second degree, murder strongly suggests it would not have been persuaded to convict defendant of a lesser offense even if it had been instructed on involuntary manslaughter. (See People v. Rogers (2006) 39 Cal.4th 826, 884; People v. Manriquez, supra, 37 Cal.4th at p. 588.)
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