People v. Birks

Supreme Court of California · Decided 1998-08-31

Cited by 489 later decision(s) in our corpus · see the citation network in Lexace

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*112 Opinion BAXTER, J. California law has long provided that even absent a request, and over any party’s objection, a trial court must instruct a criminal jury on any lesser offense “necessarily included” in the charged offense, if there is substantial evidence that only the lesser crime was committed. This venerable instructional rule ensures that the j…

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