Does a defense argue that a court must instruct sua sponte on presumptions relating to the defense?
California, United States of America
The following excerpt is from People v. Silvey, 58 Cal.App.4th 1320, 68 Cal.Rptr.2d 681 (Cal. App. 1997):
I have looked for cases where the defense has argued instructions on presumptions relating to a defense should be given sua sponte, and have found only the obvious proposition that a court must instruct sua sponte on the presumption of innocence. (See, e.g., People v. Sering (1991) 232 Cal.App.3d
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