What is the test for a jury to find a defendant guilty of manslaughter in a sexual assault case?
California, United States of America
The following excerpt is from People v. Gonzalez, D051457 (Cal. App. 1/26/2009), D051457. (Cal. App. 2009):
Relying on People v. Blakeley (2000) 23 Cal.4th 82, 88-89, and People v. Lasko (2000) 23 Cal.4th 101, 111, appellant next contends the trial court erred in failing to sua sponte instruct the jury that even if a defendant intends to kill his victim, he may be guilty of manslaughter if he was acting under the heat of passion or an unreasonable belief that he needed to defend himself. We find no error.
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