Can a court instruct on the Flannel defense with respect to the Moore case?
California, United States of America
The following excerpt is from People v. Rodriguez, 53 Cal.App.4th 1250, 62 Cal.Rptr.2d 345 (Cal. App. 1997):
The court was not obligated to also instruct on the Flannel defense with respect to the Moore case because no request was made, and because it was not " 'clearly demanded by the evidence.' " (People v. Barton, supra, 12 Cal.4th at p. 197, 47 Cal.Rptr.2d 569, 906 P.2d 531.)
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