Does a trial court err by refusing to instruct on defense of another defense?
California, United States of America
The following excerpt is from People v. Martinez, B254382 (Cal. App. 2015):
A trial court is under no duty to give an instruction unsupported by substantial evidence. (Cf. People v. Tufunga (1999) 21 Cal.4th 935, 944.) We agree with the trial court there was insufficient evidence to warrant an instruction on defense of another. The trial court did not err by refusing to instruct on that defense.
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