Is a jury's failure to instruct a defendant in an involuntary manslaughter case prejudicial?
California, United States of America
The following excerpt is from People v. Griffin, B234979 (Cal. App. 2012):
In any event, we agree with respondent that defendant was not harmed by the absence of an involuntary manslaughter instruction. Where the jury resolves the factual issue against defendant under properly given instructions, any erroneous failure to instruct on a lesser included offense is not prejudicial. (People v. Cook (2006) 39 Cal.4th 566, 597.) Here, the information alleged that defendant personally and intentionally
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