Does a defendant have grounds to argue that the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder?
California, United States of America
The following excerpt is from People v. Thomas, A142916 (Cal. App. 2016):
Defendant contends the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder. We review claims of instructional error de novo. (People v. Fiore (2014) 227 Cal.App.4th 1362, 1378.)
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