What is the test for instructing a jury on a lesser crime?

" '[E]ven absent a request, and over any party's objection, a trial court must instruct a criminal jury on any lesser offense "necessarily included" in the charged offense, if there is substantial evidence that only the lesser crime was committed.' " (People v. Smith (2013) 57 Cal.4th 232, 239, italics added.)

Instruction upon a lesser included offense must be given only if the accused presents evidence sufficient "to deserve consideration by the jury, i.e., 'evidence from which a jury composed of reasonable men could have concluded' " that the particular facts underlying the instruction did exist. (People v. Flannel (1979) 25 Cal.3d 668, 684 & fn. 12.)