Does assault and battery support a conviction of involuntary manslaughter under the misdemeanor-manslaughter doctrine?

Assault and battery, as misdemeanors, will support a conviction of involuntary manslaughter under the misdemeanor-manslaughter doctrine. (People v. Clark (1982) 130 Cal.App.3d 371, 382.) But defendant was not charged with misdemeanor battery, so an instruction on that theory in this case would not have been proper unless (a) misdemeanor battery is a lesser included offense within the greater crime of aggravated assault, or (b) defendant relied on that theory as a defense at trial and there was substantial evidence to show he was guilty of only that crime.

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