What is the test for whether a defendant can be charged with murder on a charge of involuntary manslaughter?
California, United States of America
The following excerpt is from People v. Hartman, 170 Cal.App.3d 572, 216 Cal.Rptr. 641 (Cal. App. 1985):
2. His murder charge was barred by the prohibition against multiple prosecutions set forth in Kellett v. Superior Court (1966) 63 Cal.2d 822, 48 Cal.Rptr. 366, 409 P.2d 206.
3. The prosecution failed to introduce sufficient evidence to show implied malice.
4. The jury instructions on implied malice were erroneous.
5. The trial court committed prejudicial error by refusing to instruct the jury on involuntary manslaughter.
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