People v. Wickersham

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 defense counsel has not articulated a deliberate tactical objection to required instructions?

I

Appellant was convicted of first degree murder in the shooting death of her…