When will a court instruct on voluntary or involuntary manslaughter, assault with a deadly weapon, or any other lesser offense?

California, United States of America


The following excerpt is from People v. Woods, 11 Cal.Rptr.2d 231, 8 Cal.App.4th 1570 (Cal. App. 1992):

Woods, as the perpetrator, was not entitled to instructions on voluntary or involuntary manslaughter, assault with a deadly weapon, or any other lesser offense because the evidence did not suggest that his killing of Chmelik was anything less than second degree murder. A trial court need not instruct on lesser offenses where there is no evidence the offense was less than that charged. (People v. Duncan (1991) 53 Cal.3d 955, 970, 281 Cal.Rptr. 273, 810 P.2d 131; Wickersham, supra, 32 Cal.3d at pp. 323-324, 185 Cal.Rptr. 436, 650 P.2d 311.)

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