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California
Law Dictionary
Criminal Trial-Jury Instructions
(People v. Barajas)

Criminal Trial-Jury instructions Trial Court Duty
(People v. Barajas)

DISCUSSION

I. Jury instructions

Defendant argues that the court erred in failing or refusing to give three jury instructions. In a criminal trial, the court must give an instruction requested by a party if the instruction correctly states the law and relates to a material question upon which there is evidence substantial enough to merit consideration. (People v. Avena (1996) 13 Cal.4th 394, 424; People v. Wickersham (1982) 32 Cal.3d 307, 324, overruled on other grounds by People v. Barton (1995) 12 Cal.4th 186, 201.) The court must also give some instructions sua sponte:

“‘[E]ven in the absence of a request, a trial court must instruct on the general principles of law governing the case, i.e., those principles relevant to the issues raised by the evidence, but need not instruct on specific points developed at trial. “The most rational interpretation of the phrase ‘general principles of law governing the case’ would seem to be as those principles of law commonly or closely and openly connected with the facts of the case before the court.” [Citations.]’” (People v. Michaels (2002) 28 Cal.4th 486, 529-530.)

The court has no duty to give an instruction if it is repetitious of another instruction also given. (People v. Turner (1994) 8 Cal.4th 137, 203.) “‘“[T]he correctness of jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction.”’” (People v. Musselwhite (1998) 17 Cal.4th 1216, 1248.)

People v. BarajasF041273 error was harmless imperfect self-defense

Date Posted	Docket #/ File Format	Description
Jul 15 2004	F041273 [PDF] [DOC]	P. v. Barajas 7/15/04 CA5

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