Is a defendant entitled to instruction on his defense theory?
MultiRegion, United States of America
The following excerpt is from U.S. v. Coin, 753 F.2d 1510 (9th Cir. 1984):
A defendant is entitled to an instruction on his or her defense theory if that theory has a basis in law and the record, United States v. Candelaria, 704 F.2d 1129, 1132 (9th Cir.1983); failure to instruct as to a defense theory in this situation is reversible error. United States v. Davis, 597 F.2d 1237, 1239 (9th Cir.1979). Coin's defense theory, however, lacks a basis in law and the record.
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