California, United States of America
The following excerpt is from People v. Barao, C066524 (Cal. App. 2013):
Assuming only for purposes of argument that sufficient evidence justified instructing on involuntary manslaughter, we conclude the court's decision not to instruct on the defense was not prejudicial. " 'Error in failing to instruct the jury on a lesser included offense is harmless when the jury necessarily decides the factual questions posed by the omitted instructions adversely to defendant under other properly given instructions.' [Citation.]" (People v. Chatman (2006) 38 Cal.4th 344, 392.)
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