The People, Plaintiff and Respondent v. Amalia Catherine Bryant, Defendant and Appellant — Kennard, J., Concurring

Summary

Justice Kennard concurred in rejecting the theory that a killing without malice during an assault with a deadly weapon is voluntary manslaughter. In a separate analysis, she concluded that such a killing can constitute involuntary manslaughter because the statutory phrase concerning an unlawful act not amounting to felony distinguishes manslaughter from felony murder rather than creating an element. She further concluded that the trial court had no sua sponte duty to instruct on involuntary manslaughter because the governing legal principle had not been sufficiently established. The concurrence therefore agreed with the majority's disposition but offered a different analysis concerning involuntary manslaughter.