Is a plaintiff's claim that she was denied a defense of necessity against the charge of murder as a natural and probable consequence?
California, United States of America
The following excerpt is from People v. Potter, C052634 (Cal. App. 12/10/2007), C052634, C053349 (Cal. App. 2007):
Potter claims she was "denied a defense to the charge of felony child abuse, and thus to the charge of murder as a natural and probable consequence, when the trial court failed to instruct sua sponte on the defense of necessity." Because no substantial evidence in the record supports that defense, no such instruction was warranted. (See People v. Shelmire (2005) 130 Cal.App.4th 1044, 1054-1059.)
A necessity instruction would have provided as follows:
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