People v. Cleaves

Opinion

WORK, J.

John Cleaves appeals a judgment convicting him of second degree murder (Pen. Code, 1 § 187), primarily contending the court erred by failing to honor his request to instruct on a lesser related offense of aiding and abetting a suicide (§ 401). In addition, he argues we should fashion a lesser related offense of voluntary manslaughter for killings done at the request of the victim. Finally, he claims the trial court erred by omitting the phrase “high probability of death” when defining implied malice; failing to give involuntary manslaughter instructions; and failing to give…