What is the test for error in instructing a jury to convict an appellant of attempted voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Behill, F074635 (Cal. App. 2018):
Even assuming there was error, any such error was harmless. "'Any "misdirection of the jury" [citation], that is instructional error [citation], cannot be the basis of reversing a conviction unless "'an examination of the entire cause, including the evidence,'" indicates that the error resulted in a "'miscarriage of justice.'" [Citation.]'" (People v. Larsen (2012) 205 Cal.App.4th 810, 829.) The evidence here overwhelmingly supports
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the jury's finding that appellant had the specific intent to kill a person at the residence, which as discussed, was sufficient to support the jury's verdict of guilty on the attempted voluntary manslaughter charge. There is no reasonable probability the jury would have returned a different verdict had Special Instruction # 2 not been given. (See People v. Watson (1956) 46 Cal.2d 818, 836.)
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