California, United States of America
The following excerpt is from People v. Grimes, G052926 (Cal. App. 2017):
"A trial court must instruct the jury on every theory that is supported by substantial evidence, that is, evidence that would allow a reasonable jury to make a determination in accordance with the theory presented under the proper standard of proof. [Citation.]" (People v. Cole (2004) 33 Cal.4th 1158, 1206 (Cole).) However, "Trial courts are duty-bound to avoid instructions which are not justified by the facts of the case, since they have a natural tendency to overburden and confuse the jury. [Citations.]"
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