What is the test for a jury to determine whether a defendant can be found guilty of assault by reason of anger as well as fear?

California, United States of America


The following excerpt is from People v. Allen, 2d Crim. No. B281039 (Cal. App. 2019):

Appellant "could have requested additional instructions with regard to his feeling anger toward [the victim] as well as fear, or with regard to a situation where anger and fear were both causal factors. He did not do so. Nor did he argue to the jury the presence of such dual motivation or feeling. Under such circumstances, his argument on appeal must fail." (People v. Trevino (1988) 200 Cal.App.3d 874, 880 (Trevino). Accord: People v. Nguyen (2015) 61 Cal.4th 1015, 1045 (Nguyen).)

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