California, United States of America
The following excerpt is from People v. Estrada, E057454 (Cal. App. 2013):
A trial court must instruct the jury on the general principles of law that are "closely and openly connected with the facts before the court." (People v. Wickersham (1982) 32 Cal.3d 307, 323, disapproved on other grounds in People v. Barton (1995) 12 Cal.4th 186, 200-201.) This obligation extends to lesser included offenses if the evidence "'raises a question as to whether all of the elements of the charged offense are present and there is evidence that would justify a conviction of such a lesser offense.' [Citations.]" (People v. Lopez (1998) 19 Cal.4th 282, 287.) Voluntary manslaughter is a lesser-included offense of murder. (People v. Booker (2011) 51 Cal.4th 141, 181.) However, as the trial court decided, the evidence in this case did not justify the giving of an instruction on voluntary manslaughter based on heat of passion or provocation or imperfect self-defense. A court's duty to instruct on lesser included offenses arises only
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