California, United States of America
The following excerpt is from People v. Kol, B243664, B246888 (Cal. App. 2014):
Further, the court's obligation to instruct on all principles of law relevant to the issues raised by the evidence at trial includes the obligation to give "instructions on lesser included offenses when the evidence raises a question as to whether all of the elements of the charged offense were present [citation], but not when there is no evidence that the offense was less than that charged." (People v. Wickersham (1982) 32 Cal.3d 307, 323-324, italics added, overruled on other grounds in People v. Barton (1995) 12 Cal.4th 186, 201; accord, Bradford, supra, 15 Cal.4th at p. 1345.)
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