Is a defendant entitled to a jury instruction on the principle of transferred self-defense?
California, United States of America
The following excerpt is from People v. Crosby, A151328 (Cal. App. 2019):
Defendant contends the trial court erred in failing to instruct the jury sua sponte on the principle of transferred self-defense. "It is well settled that a defendant has a right to have the trial court, on its own initiative, give a jury instruction on any affirmative defense for which the record contains substantial evidence." (People v. Salas (2006) 37 Cal.4th 967, 982.)
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