People v. Heflin

We all agree that statutory involuntary manslaughter1 is a cognate offense of murder. Ordinarily, when a defendant requests an instruction on a cognate offense the inquiry is whether the evidence justifies a conviction of the cognate offense.2

We dissent because we disagree with the resolu*531tion of that inquiry in the majority opinion, and because we disagree with statements and suggestions in the majority and concurring opinions.

i

The majority appears to say that the trial court, did not err in refusing to give the requested instruction on statutory involuntary manslaughter because there was no…