California, United States of America
The following excerpt is from People v. Wittig, 158 Cal.App.3d 124, 204 Cal.Rptr. 378 (Cal. App. 1984):
The first requested instruction was taken from the case of People v. Derby, 177 Cal.App.2d 626, 631, 2 Cal.Rptr. 401, where the appellate court noted:
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