Does a defendant's objection to giving instructions on voluntary manslaughter preclude a finding of error in the trial court's failure to do so?
California, United States of America
The following excerpt is from People v. Koontz, 119 Cal.Rptr.2d 859, 27 Cal.4th 1041, 46 P.3d 335 (Cal. 2002):
7. Thus, that defendant objected to the giving of instructions on voluntary manslaughter would not preclude a finding of error in the trial court's failure to do so (although in some circumstances an objection might invite any error). (People v. Barton, supra, 12 Cal.4th at pp. 196, 198, 47 Cal.Rptr.2d 569, 906 P.2d 531.)
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