California, United States of America
The following excerpt is from People v. Cazares, 190 Cal.App.3d 833, 235 Cal.Rptr. 604 (Cal. App. 1987):
People v. McManis (1972) 26 Cal.App.3d 608, at page 615, 102 Cal.Rptr. 889, opines that parole may depend upon whether a loaded weapon was used with the intent to kill or simply without due caution. People v. Escarcega [190 Cal.App.3d 840] (1969) 273 Cal.App.2d 853, at page 867, 78 Cal.Rptr. 785, and People v. Alfreds (1967) 251 Cal.App.2d 666, at page 671, 59 Cal.Rptr. 647, both state that conviction of voluntary manslaughter makes a defendant ineligible for probation except in unusual cases. The obvious implied inference from these statements is that a defendant convicted of involuntary manslaughter is eligible for probation even though a dangerous weapon is used against a human being.
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