What is the test for instructing a trial court on battery on a police officer?

California, United States of America

The following excerpt is from People v. Jones, 119 Cal.App.3d 749, 174 Cal.Rptr. 218 (Cal. App. 1981):

We also reject the contention that the trial court was required to instruct, sua sponte, on battery on a police officer. (Pen.Code, 242, 243.) Simple battery, whether on a police officer or not, is not a necessarily included offense within a charge of aggravated assault and thus is not a lesser included offense on which a trial court must instruct sua sponte. (People v. Yeats (1977) 66 Cal.App.3d 874, 878-879, 136 Cal.Rptr. 243; People v. Lathus (1973) 35 Cal.App.3d

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What is the test for instructing a trial court on battery on a police officer?

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