What is the test for a jury to acquit a defendant of a lesser charge but not of the greater charge?
California, United States of America
The following excerpt is from People v. Siegel, D068013 (Cal. App. 2017):
absolve the defendant of guilt of the greater offense but not of the lesser." (Id. at p. 745; see also People v. DePriest (2007) 42 Cal.4th 1, 50 (DePriest) ["Such instructions are required only where there is 'substantial evidence' from which a rational jury could conclude that the defendant committed the lesser offense, and that he is not guilty of the greater offense."].)
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