Is it prejudicial error for the trial judge to deny an instruction based on a similar instruction?
California, United States of America
The following excerpt is from People v. Dishman, 128 Cal.App.3d 717, 180 Cal.Rptr. 467 (Cal. App. 1982):
Appellant does not question the sufficiency of the evidence supporting the judgment. He asserts, however, that it was prejudicial error for the trial judge to have denied his proposed instruction based on People v. Wielograf (1980) 101 Cal.App.3d 488, 161 Cal.Rptr. 680, and for having given the one submitted by the district attorney.
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