What is the test for a jury to conclude "that the lesser offense but not the greater was committed"?
California, United States of America
The following excerpt is from People v. Johnson, B289925 (Cal. App. 2019):
from which a jury composed of reasonable persons could conclude "that the lesser offense, but not the greater, was committed." [Citation.] "On appeal, we review independently the question whether the trial court failed to instruct on a lesser included offense." [Citation.]" (People v. Souza (2012) 54 Cal.4th 90, 116 (Souza).)
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