What is the test for a defense of accident and misfortune?
California, United States of America
The following excerpt is from People v. Kha, G037029 (Cal. App. 9/21/2007), G037029 (Cal. App. 2007):
A trial court must instruct sua sponte on the defense of accident and misfortune "`only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' [Citation.]" (People v. Breverman (1998) 19 Cal.4th 142, 157.)
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