What is the test for giving a defendant an instruction that directs attention to evidence from which a reasonable doubt could be engendered?
California, United States of America
The following excerpt is from People v. Slocum, 125 Cal.Rptr. 442, 52 Cal.App.3d 867 (Cal. App. 1975):
Slocum argues that the following language in People v. Sears, 2 Cal.3d 180, 84 Cal.Rptr. 711, 465 P.2d 847, mandates the giving of his proposed instruction: '(A) defendant, upon proper request therefor, has a right to an instruction that directs attention to evidence from a consideration of which a reasonable doubt of his guilt could be engendered.' (Id., p. 190, 84 Cal.Rptr. p. 717, 465 P.2d p. 853.)
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