California, United States of America
The following excerpt is from People v. Leffel, 203 Cal.App.3d 575, 249 Cal.Rptr. 906 (Cal. App. 1988):
Defendant contends: (1) the trial court erred in not instructing the jury that the fact he was under the influence of alcohol was insufficient in itself to support a finding of gross negligence; and (2) in the absence of such instruction, the district attorney's statements to the jury during argument could have greatly misled the jury. In so contending, defendant relies on this court's opinion in People v. McNiece (1986) 181 Cal.App.3d 1048, 226 Cal.Rptr. 733.
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