PEOPLE v. WICKERSHAM

Docket No. Crim. 22406.

32 Cal.3d 307 (1982)

650 P.2d 311

185 Cal. Rptr. 436

THE PEOPLE, Plaintiff and Respondent, v. DOROTHY SUZANNE WICKERSHAM, Defendant and Appellant.

Supreme Court of California.

September 2, 1982.


Attorney(s) appearing for the Case

COUNSEL

Dennis P. Riordan, James Larson and Larson & Weinberg for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein and Edward P. O'Brien, Assistant Attorneys General, Herbert F. Wilkinson, W. Eric Collins and Dane R. Gillette, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BIRD, C.J.

This case raises several questions concerning a trial court's duty to give instructions sua sponte in criminal cases. What standard should the trial court apply in determining whether to give instructions on necessarily included offenses? Did the evidence in the present case require instructions on voluntary manslaughter and second degree murder? Should the doctrine of "invited error" be invoked where the...

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