What is the test for involuntary manslaughter in a shooting case?
California, United States of America
The following excerpt is from People v. Lopez, B251815 (Cal. App. 2015):
Even assuming that Lopez intended a misdemeanor assault or exhibition of a firearm in rival gang territory, the greater offense of murder was not unforeseeable, and the trial court was under no obligation to give an instruction on involuntary manslaughter. (See People v. Memro (1995) 11 Cal.4th 786, 871; People v. Woods, supra, 8 Cal.App.4th at pp. 1585-1588, 1593.)
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