What is the test for instructing a jury on any lesser crime?
California, United States of America
The following excerpt is from People v. McGraw, A152171 (Cal. App. 2019):
court must instruct the jury on any lesser offense if there is substantial evidence that only the lesser crime was committed. (People v. Smith (2013) 57 Cal.4th 232, 239.) "[T]he rule prevents either party, whether by design or inadvertence, from forcing an all-or-nothing choice between conviction of the stated offense on the one hand, or complete acquittal on the other." (Ibid.)
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