What is the test for determining whether a defendant committed a lesser, but not the greater, offence?
California, United States of America
The following excerpt is from People v. Berry-Vierwinden, D059670 (Cal. App. 2012):
manner most favorable to the defendant, there is evidence from which the jury could conclude that the lesser, but not the greater, offense was committed. (People v. Manriquez (2005) 37 Cal.4th 547, 584-585.)
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