California, United States of America
The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):
With respect to CALJIC No. 4.45, although acknowledging that he did not request this instruction, defendant contends the trial court had a duty to instruct on its own motion concerning accident as an affirmative defense. (See People v. Breverman, supra, 19 Cal.4th at p. 157, 77 Cal.Rptr.2d 870, 960 P.2d 1094 [discussing the limited duty of a trial court to instruct on its motion concerning defenses].) A claim of accident in response to a charge of murder, however, is not an affirmative defense that can trigger a duty to instruct on the court's own motion.
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