What is the test for giving a jury instructions on a lesser included crime?

California, United States of America


The following excerpt is from People v. Gill, E071489 (Cal. App. 2019):

"'"[A] trial court must give '"'instructions on lesser included offenses when the evidence raises a question as to whether all of the elements of the charged offense were present [citation], but not when there is no evidence that the offense was less than that charged.'"' [Citation.] . . . "Substantial evidence" in this context is "'evidence from which a jury composed of reasonable [persons] could . . . conclude[]'" that the lesser offense, but not the greater, was committed.' [Citation.]" [Citation.]' [Citation.]" (People v. Bell (2019) 7 Cal.5th 70, 108-109.)

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