What is the test for instructing a jury to convict a defendant of a lesser included offence?
California, United States of America
The following excerpt is from People v. MELANSON, D054983, No. SCD212804 (Cal. App. 2010):
" '[A] defendant has a constitutional right to have the jury determine every material issue presented by the evidence [and]... an erroneous failure to instruct on a lesser included offense constitutes a denial of that right....' " (People v. Haley (2004) 34
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