What is the test for granting an alibi instruction in a criminal case?
California, United States of America
The following excerpt is from People v. Delgadillo, B262640, B267008 (Cal. App. 2016):
Defendant also cites authority for the proposition that an alibi instruction must be given if it is supported by substantial evidence and the defense requests it. (See People v. Jennings (2010) 50 Cal.4th 616, 675.) He argues that, here, the court would have granted a request for an alibi instruction because the evidence supporting his alibi defense was substantial: he and two of his colleagues testified he was at C-Ring at the time of the crime.
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