California, United States of America
The following excerpt is from People v. Garcia, B252426 (Cal. App. 2014):
Second, as appellant concedes, defense counsel did not request any clarifying instructions. "A party may not argue on appeal that an instruction correct in law was too general or incomplete, and thus needed clarification, without first requesting such clarification at trial." (People v. Hillhouse (2002) 27 Cal.4th 469, 503.) Thus, even though the trial court noted that the jury could base an assault finding on the "backhanding and all the hitting and not the rape," defense counsel did not ask for instructions clarifying that the jury could not consider any physical beatings separate and apart from the sexual abuse.
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