What is the effect of an acquittal of a defendant on a charge of manslaughter?
California, United States of America
The following excerpt is from People v. Thomas, 164 Cal.App.3d 1100, 210 Cal.Rptr. 905 (Cal. App. 1985):
I would remand with directions to dismiss the information since defendant has been acquitted of the charge of voluntary manslaughter . " '[A] conviction or acquittal of a lesser included offense is a bar to a subsequent prosecution for the greater included offense. [Citation.]' " (People v. Lohbauer, supra, 29 Cal.3d at p. 372, 173 Cal.Rptr. 453, 627 P.2d 183.) "Further,
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