What is the test for giving jury instructions that pinpoint a theory of the defense?
California, United States of America
The following excerpt is from People v. Srabian, F060539, Super. Ct. No. F07901858 (Cal. App. 2011):
Upon request, the trial court must give jury instructions that pinpoint a theory of the defense, but it may refuse instructions that "'"highlight specific evidence as such."'" (People v. Hughes (2002) 27 Cal.4th 287, 361.) This latter type of instruction invites the jury to draw an inference favorable to one of the parties from the highlighted evidence,
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