What is the test for requesting a requested instruction concerning the defense?
California, United States of America
The following excerpt is from People v. Lisea, C067767 (Cal. App. 2013):
"[T]he trial court need give a requested instruction concerning a defense only if there is substantial evidence to support [it]." (People v. Miceli (2002) 104 Cal.App.4th 256, 267.) " ' "Substantial evidence is evidence sufficient to 'deserve consideration by
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