What is the test for a jury to find a defendant guilty of voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Blakeley, 23 Cal.4th 82, 96 Cal.Rptr.2d 451, 999 P.2d 675 (Cal. 2000):

5. As previously explained, in the companion case of People v. Lasko, supra, 23 Cal.4th 101, 96 Cal.Rptr.2d 441, 999 P.2d 666, we hold that voluntary manslaughter does not require an intent to kill. Here, defendant does not contend the trial court here erred by instructing the jury that intent to kill was required. That error could not have harmed defendant, because it increased the prosecution's evidentiary burden to prove defendant guilty of voluntary manslaughter.

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