What is the test for voluntary manslaughter in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Laguna, F075929 (Cal. App. 2020):
"Murder is 'the unlawful killing of a human being . . . with malice aforethought.' [Citation.] '[M]alice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature.' [Citation.] It is implied when the defendant engages in conduct dangerous to human life, ' "knows that his conduct endangers the life of another and . . . acts with a conscious disregard for life." ' [Citations.]" (People v. Brothers (2015) 236 Cal.App.4th 24, 30.)
"Voluntary and involuntary manslaughter are lesser included offenses of murder. [Citations.]" (People v. Thomas (2012) 53 Cal.4th 771, 813.) We turn first to the trial court's refusal to instruct on voluntary manslaughter.
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