California, United States of America
The following excerpt is from People v. Sanchez, B265951 (Cal. App. 2017):
It is well settled that in criminal cases the trial court has a sua sponte duty to " '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.]" (People v. Breverman (1998) 19 Cal.4th 142, 154.) This includes "any affirmative defense for which the record contains substantial evidence [citation] - evidence sufficient for a reasonable jury to find in favor of the defendant unless the defense is inconsistent with the defendant's theory of the case [citation]. In determining whether the evidence is sufficient to warrant a jury instruction, the trial court does not determine the credibility of the defense evidence, but only whether 'there was evidence which, if believed by the jury, was sufficient to raise a reasonable doubt.' [Citations.]" (People v. Salas (2006) 37 Cal.4th 967, 983.)
2. CACRIM No. 3471
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