What is the effect of a jury's refusal to instruct the jury in an assault case?

California, United States of America

The following excerpt is from Westbrooks v. State of California, 173 Cal.App.3d 1203, 219 Cal.Rptr. 674 (Cal. App. 1985):

On appeal County contends the trial court erred in refusing to instruct the jury in accordance with the holding in Williams v. State of California (1983) 34 Cal.3d 18, 192 Cal.Rptr. 233, 664 P.2d 137. County contends it voluntarily attempted to come to the aid of another and it neither increased the risk of harm to that person as a result of its undertaking, nor was there detrimental reliance on it by the other person. We agree with County's contention and hold that as a matter of law it is not liable.

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