What is the test for a jury to convict a defendant for a lesser charge of assault?
California, United States of America
The following excerpt is from People v. Mesbahi, H038946 (Cal. App. 2014):
. . . if the evidence has raised 'a question as to whether all of the elements . . . were present and if there was evidence that would have justified a conviction of the lesser offense.' " (People v. Friend (2009) 47 Cal.4th 1, 51, fn. omitted.)
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