Does a Defendant have to request an instruction on the elements of accessory after the fact to murder?

California, United States of America


The following excerpt is from People v. Carrera, 261 Cal.Rptr. 348, 49 Cal.3d 291, 777 P.2d 121 (Cal. 1989):

Defendant's failure to request an instruction on the elements of accessory after the fact to murder would bar any direct challenge to the verdicts on the ground that such an instruction was not given (People v. Hall (1985) 168 Cal.App.3d 624, 626, 214 Cal.Rptr. 289 [no duty to instruct sua sponte on lesser related offenses]; see People v. Geiger (1984) 35 Cal.3d 510, 530, 199 Cal.Rptr. 45, 674 P.2d 1303), and defendant has not attempted to mount such a challenge here. He contends, however, that

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