Does the defense have to argue to the jury an affirmative defense of consensual sodomy?
California, United States of America
The following excerpt is from People v. JAMES, C060741, No. 08F04105 (Cal. App. 2010):
Here, however, the defense did not argue to the jury an affirmative defense of consensual sodomy. Moreover, omission of a pinpoint instruction is harmless where the instructions given adequately cover the point of the proposed instruction. (People v. Gutierrez, supra, 28 Cal.4th at p. 1144.)
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