California, United States of America
The following excerpt is from People v. Shaver, G049824 (Cal. App. 2015):
Although the trial court apparently overlooked the bench note, reversal is not required because the mistake of fact instruction merely clarified other instructions concerning the requisite specific intent for murder, and the instruction was correct as far as it went, as noted. "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. [Citation.]" (People v. Hillhouse (2002) 27 Cal.4th 469, 503 (Hillhouse).) In any event, we consider the instructions as a whole, not in isolation. "Whether instructions are correct and adequate is determined by consideration of the entire charge to the jury." (People v. Holt (1997) 15 Cal.4th 619, 677.) We see no "reasonable likelihood that the jury misconstrued or misapplied" the court's instructions when viewed as a whole. (People v. Clair (1992) 2 Cal.4th 629, 663; see also Holt, at p. 662 ["Jurors are presumed to understand and follow the court's instructions"].)
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