What is the consequence of a defendant's failure to request an instruction on the type of voluntary manslaughter in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Asher, 273 Cal.App.2d 876, 78 Cal.Rptr. 885 (Cal. App. 1969):
The failure of a defendant to request an instruction on the type of voluntary manslaughter which has been developed out of the doctrine of diminished capacity will not relieve the trial court of the duty to give such an instruction where it is warranted by the evidence, nor will it preclude the defendant from raising the point on appeal. (People v. Castillo, supra, 70
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