Can a defendant ask the jury whether he acted under provocation?
California, United States of America
The following excerpt is from People v. Hudson, B245904 (Cal. App. 2014):
Where, as here, there is no evidence of a heat of passion killing caused by sufficient provocation, it necessarily follows that the defendant cannot ask the jury to decide whether he acted under provocation. The law does not require the trial court to instruct on a theory that lacks evidentiary support. (People v. Rios, supra, 23 Cal.4th at p. 463, fn. 10.)
Page 11
The judgment is affirmed.
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