B. Voluntary Manslaughter Was A Lesser-Included Offense. Penal Code section 192, subdivision (a), provides that a killing committed without malice and ''upon a sudden quarrel or heat ofpassion" is voluntary manslaughter. Thus, a defendant who commits an intentional and unlawful killing, but who lacks malice, is guilty ofvoluntary manslaughter.

(Code of Civ. Proc., §§ 190-237.) Code of Civil Procedure section 192, a section within that act, states: "This chapter applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the state." The Trial Jury Act thus governs the jury selection process in appellant's case.