How have the courts interpreted the entrapment instruction in an assault case?
California, United States of America
The following excerpt is from People v. Asta, 251 Cal.App.2d 64, 59 Cal.Rptr. 206 (Cal. App. 1967):
Appellant argues that the instruction which the court gave is in conflict with the rules established in People v. Perez, 62 Cal.2d 769, 44 Cal.Rptr. 326, 401 P.2d 934, in that it fails to inform the jury that entrapment runs to all elements of the offense. Accordingly, he concludes that the court not only erred in giving the instruction, but compounded the error by refusing to give the instruction which he requested. Appellant, however, ignores another instruction which the court gave, and hence his argument is totally without merit. This instruction read as follows:
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