California, United States of America
The following excerpt is from People v. Fusselman, 120 Cal.Rptr. 282, 46 Cal.App.3d 289 (Cal. App. 1975):
An instruction based on People v. Conley, 64 Cal.2d 310, 324--326, 49 Cal.Rptr. 815, 411 P.2d 911, footnote, 4, 2 was requested by defense counsel and refused by the trial judge. The proposed instruction read:
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