Does the trial court have to continue to consider the lesser included offenses of involuntary manslaughter and voluntary manslaughter as a defense?
California, United States of America
The following excerpt is from People v. Saille, 229 Cal.App.3d 1376, 270 Cal.Rptr. 502 (Cal. App. 1990):
As was stated in People v. Molina (1988) 202 Cal.App.3d 1168, 249 Cal.Rptr. 273, the trial court is not relieved of giving sua sponte instructions on the lesser included offenses of voluntary manslaughter and involuntary manslaughter when evidence is presented which may support a finding of these crimes. (Id. at pp. 1174-1176, 249 Cal.Rptr. 273.)
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