California, United States of America
The following excerpt is from People v. Thoi, 213 Cal.App.3d 689, 261 Cal.Rptr. 789 (Cal. App. 1989):
6 Since People v. Wickersham (1982) 32 Cal.3d 307, 330, 185 Cal.Rptr. 436, 650 P.2d 311 held that the court has a duty to properly instruct the jury even in the absence of a request by counsel, we prefer the invited error analysis. Here, based upon the evidence, defense counsel had reason to object to further instruction. Further enlightenment may well have speeded the jury conclusion that whatever improper conduct by the agents existed had little or nothing to do with the charged crimes.
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