What is involuntary manslaughter and what is the test for it?

Involuntary manslaughter is an unlawful killing "in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection." ( 192.) "Generally, involuntary manslaughter is a lesser offense included within the offense of murder. [Citation.] Due process requires that the jury be instructed on a lesser included offense only when the evidence warrants such an instruction. [Citations.]" (People v. Gutierrez (2002) 28 Cal.4th 1083, 1145.)

Defendant cites the principle that where a lesser offense, but not the greater, is a reasonably foreseeable consequence of the crime originally aided and abetted, the trial court must instruct the jury that it may find a defendant guilty of the lesser offense, even if it determined the perpetrator was guilty of the greater. (People v. Woods (1992) 8

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