when there is evidence upon which the jury could find the defendant guilty of the lesser offense
How later courts described this case
- when there is evidence upon which the jury could find the defendant guilty of the lesser offense
Written by the judges who cited it.
The opinion
McCOMB, J.
I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [ 100 Cal.Rptr. 152 , 493 P.2d 880 ], I dissent from the modification of the judgment.