Can a jury in a murder trial instruct the jury regarding first degree murder?
California, United States of America
The following excerpt is from People v. Parker, H038898 (Cal. App. 2015):
Citing People v. Guiton (1993) 4 Cal.4th 1116, 1129, appellant contends, "The trial court erred by instructing the jury regarding first degree murder because those instructions were based on unsupported theories . . . ." He asserts that "[g]iven the absence of evidence to warrant instructions premised on such knowledge and the related
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