California, United States of America
The following excerpt is from People v. Yancy, 171 Cal.App.2d 371, 340 P.2d 328 (Cal. App. 1959):
In People v. Carmen, 36 Cal.2d 768, 773, 228 P.2d 281, it was held that it is elementary that the court should instruct the jury upon every material question upon which there is any evidence deserving of any consideration whatever; that the fact that the evidence may not be of a character to inspire belief does not authorize the refusal of an instruction based thereon; that that is a question within the exclusive province of the jury; that however incredible the testimony of the defendant may be he is entitled to an instruction based upon the hypothesis that it is entirely true; that it is the duty of the court to instruct the jury in regard to any included offense which the evidence tends to prove; and that where there is any evidence from which a reasonable inference may be drawn that the crime of which the defendant was convicted was of a lesser degree it is prejudicial error to withdraw from the jury the consideration of such evidence and confine the instructions to the crime charged.
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