A direction to the jury that an agreement merely to cause 'harm' is sufficient for manslaughter by unlawful and dangerous act is a material misdirection; the prosecution must prove the agreed act carried an appreciable risk of serious injury. The proviso cannot be applied where the jury was deprived of the opportunity to properly consider the alternative verdict of manslaughter. Evidence of alleged admissions or 'esoteric knowledge' made and reported by persons under the influence of drugs may lack the probative force necessary to sustain a conviction on circumstantial evidence.
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