California, United States of America
The following excerpt is from People v. Myers, 61 Cal.App.4th 328, 71 Cal.Rptr.2d 518 (Cal. App. 1998):
The People correctly note that both of these instructions misstate the law because they fail to explain that the existence and extent of a person's right of self-defense must be viewed from the perspective of a reasonable person in a similar situation. (See People v. Moody (1943) 62 Cal.App.2d 18, 23, 143 P.2d 978.) However, trial counsel acknowledged as much in arguing for a modified instruction, and the trial court had a sua sponte duty to give a proper self-defense instruction in any event. (People v. Sedeno (1974) 10 Cal.3d 703, 716, 112 Cal.Rptr. 1, 518 P.2d 913.)
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