California, United States of America
The following excerpt is from The PEOPLE V. RUIZ, E048044, No. INF060663 (Cal. App. 2010):
Here, the jury was instructed on involuntary manslaughter, but was not given CALCRIM No. 626 on unconsciousness due to voluntary intoxication. The trial court is required to instruct "on all theories of a lesser included offense which find substantial support in the evidence. On the other hand, the court is not obliged to instruct on theories that have no such evidentiary support." (People v. Breverman (1998) 19 Cal.4th 142, 162.) In the instant case there was insufficient evidence to support instruction on unconsciousness as a partial defense.
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