People v. Kurtzman

Opinion

ARGUELLES, J.

Defendant, David Kenneth Kurtzman, appealed from a judgment of second degree murder, contending that his conviction was tainted by the trial court’s comments to the jury, during deliberations, that it must unanimously agree on whether defendant was guilty of second degree murder before “considering” voluntary manslaughter. We conclude that our decision in Stone v. Superior Court (1982) 31 Cal.3d 503 [183 Cal.Rptr. 647, 646 P.2d 809], properly interpreted, simply restricts a jury from returning a verdict on a lesser included offense before acquitting on a greater offense…