California, United States of America
The following excerpt is from People v. Alfreds, 57 Cal.Rptr. 783 (Cal. App. 1967):
Defendant first contends that the court erred in failing to give an instruction on involuntary manslaughter on its own motion (CALJIC 308B). The general principles here applicable are laid down in People v. Carmen, 36 Cal.2d 768, 773, 228 P.2d 281. A defendant in a criminal case is entitled to instructions on his theory of the case as disclosed by the evidence, no matter how weak. It is elementary that the court should instruct the jury upon every material question upon which there is any evidence deserving of any consideration whatever. It is the duty of the court to instruct the jury in regard to any included offense that the evidence tends to prove. Where there is any evidence from which a reasonable inference may be drawn that the crime of which defendant was convicted was of a lesser degree, it is prejudicial error to withdraw from the jury the consideration of such evidence (People v. Miller, 57 Cal.2d 821, 829-830, 22 Cal.Rptr. 465, 372 P.2d 297).
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