California, United States of America
The following excerpt is from People v. Aviles, F071781 (Cal. App. 2018):
" 'Involuntary manslaughter is . . . inherently an unintentional killing.' [Citations.]" (People v. Hendricks (1988) 44 Cal.3d 635, 643.) "An instruction on involuntary manslaughter is required whenever there is substantial evidence indicating the defendant did not actually form the intent to kill. [Citations.]" (People v. Rogers, supra, 39 Cal.4th at p. 884.) A speculate inference is not enough. (People v. Harris, supra, 43 Cal.4th at p. 1298, fn. 10.)
We question whether substantial evidence supported the giving of an instruction on aiding and abetting involuntary manslaughter. (See People v. Brothers, supra, 236 Cal.App.4th at pp. 34-35.) Assuming the trial court erred by failing so to instruct,
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