What is the test for instructing a jury on involuntary manslaughter?

"[A] defendant has a constitutional right to have the jury determine every material issue presented by the evidence; . . . an erroneous failure to instruct on a lesser included offense constitutes a denial of that right. . . ." (People v. Sedeno (1974) 10 Cal.3d 703, 720, overruled on other points in People v. Flannel (1979) 25 Cal.3d 668, 684, fn. 12,

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and in People v. Breverman (1998) 19 Cal.4th 142, 176.) "The court must, . . . , instruct the jury on lesser included offenses when there is substantial evidence raising a question as to whether all the elements of a charged offense are present [citations] and when there is substantial evidence that defendant committed the lesser included offense, which, if accepted by the trier of fact, would exculpate the defendant from guilt of the greater offense." (People v. Cook (2006) 39 Cal.4th 566, 596.)

"The elements of murder are an unlawful killing committed with malice aforethought. [Citation.] The lesser included offense of manslaughter does not include the element of malice, which distinguishes it from the greater offense of murder. [Citation.] One commits involuntary manslaughter either by committing 'an unlawful act, not amounting to a felony' or by committing 'a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.' [Citation.] If the evidence presents a material issue of whether a killing was committed without malice, and if there is substantial evidence defendant committed involuntary manslaughter, failing to instruct on involuntary manslaughter would violate the defendant's constitutional right to have the jury determine every material issue. [Citation.] Malice is implied, however, when a killing results from an intentional act, the natural consequences of which are dangerous to human life, and the act is deliberately performed with knowledge of the danger to, and with conscious disregard for, human life." (People v. Cook, supra, 39 Cal.4th at p. 596.)

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