Can an appellant have been prejudiced by the denial of self-defense instructions dependent on his trespass theory?
California, United States of America
The following excerpt is from People v. Loustaunau, 181 Cal.App.3d 163, 226 Cal.Rptr. 216 (Cal. App. 1986):
Finally, appellant cannot have been prejudiced by the denial of self-defense instructions dependent on his trespass theory, since in finding appellant guilty of burglary rather than trespass on count II, the jury necessarily resolved that issue against appellant. (People v. Sedeno (1974) 10
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