What is the test for determining whether a trier of fact has power to find a defendant guilty of a lesser degree or class crime than that shown by the evidence?
California, United States of America
The following excerpt is from People v. Mata, 149 Cal.Rptr. 327, 85 Cal.App.3d 233 (Cal. App. 1978):
It is also obvious that a trier of fact has the power to find, without apparent reason, a particular defendant guilty of a lesser degree or class of crime than that shown by the evidence. (See People v. Powell (1949) 34 Cal.2d 196, 205, 208 P.2d 974.)
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