California, United States of America
The following excerpt is from People v. Scott, 170 Cal.App.3d 267, 215 Cal.Rptr. 618 (Cal. App. 1985):
Even in the absence of a request, a trial court has a duty to instruct on general principles of law closely and openly connected with the facts before the court and which are necessary for the jury's understanding of the case. (People v. Freeman (1978) 22 Cal.3d 434, 437, 149 Cal.Rptr. 396, 584 P.2d 533.) Where there is evidence of several criminal acts and the defendant is not charged with a violation of all those acts, it has been held that the trial court is required, sua sponte, to instruct the jury they must all agree the accused committed the same act or acts. But here CALJIC 17.01 was not required.
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