California, United States of America
The following excerpt is from People v. Dews, F061363 (Cal. App. 2012):
" ' "It is settled that in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case." [Citation.]' ... [Citation.]" (People v. Breverman (1998) 19 Cal.4th 142, 154.) This includes the court's sua sponte duty to
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instruct on any affirmative defense for which the record contains substantial evidence, unless the defense is inconsistent with the defendant's theory of the case. (Id. at p. 157; People v. Salas (2006) 37 Cal.4th 967, 982.)
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