The following excerpt is from Hix v. Ylst, 967 F.2d 586 (9th Cir. 1992):
A criminal defendant is entitled to have a jury instruction on any legally recognized defense to the charges against him that has some foundation in the evidence. United States v. Escobar de Bright, 742 F.2d 1196, 1201 (9th Cir.1984). In Escobar de Bright, we noted that "the right to have the jury instructed as to the defendant's theory of the case is one of those rights 'so basic to a fair trial' that failure to instruct where there is evidence to support the instruction can never be considered harmless error." Id.
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