What is the test for a charge of gross negligence in a criminal case?
California, United States of America
The following excerpt is from People v. Woldmskel, D072756 (Cal. App. 2018):
offense only "[w]hen there is substantial evidence that an element of the charged offense is missing, but that the accused is guilty of" the lesser offense.' " (People v. Landry (2016) 2 Cal.5th 52, 96.)
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