Supreme Court of California

The trial court did not err in failing to sua sponte instruct the jury on voluntary manslaughter as a lesser included offense of murder, where: 1) defendant's theory that defendant killed without malice in the commission of an inherently dangerous assaultive felony is not voluntary manslaughter; and therefore, 2) the Court of Appeals decision is reversed, and the second degree murder conviction is reinstated.

Appellate Information

• Decided 06/03/2013
• Published 06/03/2013

Judges

• LIU

Court

• Supreme Court of California

Counsel