California, United States of America
The following excerpt is from People v. Garcia, F062075 (Cal. App. 2012):
An appellate court reviews de novo the adequacy of jury instructions. (People v. Cole (2004) 33 Cal.4th 1158, 1217.) We conclude that the jury instructions in this case did not misstate the law.
The trial court instructed the jury with CALCRIM No. 560, "Homicide: Provocative Act by Defendant." This instruction provided:
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