What is defendant's contention that a jury can find him guilty of involuntary manslaughter rather than second degree murder?
California, United States of America
The following excerpt is from People v. Inostroz, A140482 (Cal. App. 2016):
Defendant's first contention is that the trial court committed prejudicial error when it failed to sua sponte instruct the jury that, should there be a reasonable doubt as to whether he committed the more serious offense of second degree murder or the lesser offense of involuntary manslaughter, the jury could find him guilty only of the lesser offense. (See People v. Dewberry (1959) 51 Cal.2d 548.)6 Further, defendant contends,
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