People v. Alfreds

In a previous opinion, this court reversed defendant’s conviction of voluntary manslaughter in the killing of her husband on the ground that an instruction on involuntary manslaughter should have been given, sua sponte. The Attorney General in his petition for hearing has cited People v. Phillips, 64 Cal.2d 574 [51 Cal.Rptr. 225, 414 P.2d 353], and contends that defense counsel invited error by affirmatively requesting the trial court, for tactical reasons, to refuse the district attorney’s proffered instruction on involuntary manslaughter. This argument was not made nor was the Phillips case…