What is the test for giving a jury instruction on the defense of transitory possession?
California, United States of America
The following excerpt is from People v. Espudo, H042639 (Cal. App. 2016):
A jury instruction on a defense is only warranted if there is substantial enough evidence for a reasonable jury to find it persuasive. (People v. Young, supra, 34 Cal.4th at p. 1200 ["Evidence is 'substantial' only if a reasonable jury could find it persuasive."].) Here defendant's theory of transitory possession is premised on guesswork and imagination. Therefore, no jury instruction was warranted.
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