California, United States of America
The following excerpt is from People v. Dominguez, C065762 (Cal. App. 2012):
Any error in failing to instruct on defense of another was necessarily harmless if the jury believed defendant's version of events. Even if the jury had found defendant guilty of battery, the jury could not find him guilty of murder on a natural and probable consequences theory of aiding and abetting because his version did not allow a finding that he aided and abetted the group; in his version, defendant was not part of, and did not intend to facilitate, the gang attack. Under the instructions given the jury, this limited role was insufficient to constitute aiding and abetting. We presume jurors understand and follow instructions. (People v. Morales (2001) 25 Cal.4th 34, 47.)
The second scenario is provided by defendant's grudging admission that the fight appeared to be a "gang thing." This
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