What is the test for instructing a jury on a lesser crime?
California, United States of America
The following excerpt is from People v. Buckner, B247411 (Cal. App. 2015):
It is well-established that a trial court must instruct the jury not only on the crime charged but also on lesser offenses that are both included within the crime charged and supported by the evidence. (People v. Barton (1995) 12 Cal.4th 186, 190, 194-195.)
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