Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts?

We agree the instruction had no antecedent in the facts of this case. Neither we nor the Attorney General can find facts that would support it. But we are mindful of the trial court's unique position for determining such issues: "A trial judge's superior ability to evaluate the evidence renders it highly inappropriate for an appellate court to lightly question his determination to submit an issue to the jury. A reviewing court certainly cannot do so where, as here, the trial court's determination was agreeable to both the defense and the prosecution." (People v. McKelvy (1987) 194 Cal.App.3d 694, 705, 239 Cal.Rptr. 782 (Lead opn. of Kline, P.J.).)