Is involuntary manslaughter a lesser included offense of murder?

Generally, involuntary manslaughter is a lesser included offense of murder. (People v. Thomas (2012) 53 Cal.4th 771, 813.) Unlike murder, which ordinarily requires malice ( 187, subd. (a)), involuntary manslaughter is an unlawful killing without malice that occurs during "the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection." ( 192, subd. (b).)

A trial court's obligation in a criminal case is to "instruct on the general principles of law relevant to the issues raised by the evidence." (People v. Earp (1999) 20 Cal.4th 826, 885.) But a trial court has no sua sponte duty to instruct on a lesser

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included offense when there is no substantial evidence warranting the instruction. Substantial evidence in this context is evidence from which a reasonable jury could find "that the lesser offense, but not the greater, was committed." (People v. Breverman (1998) 19 Cal.4th 142, 162.) "If a killing is intentional, no involuntary manslaughter instructions may be given." (People v. Dixon (1995) 32 Cal.App.4th 1547, 1556.)