P. v. Gibson
A jury convicted defendant of making criminal threats. (Count 1 Pen. Code, 422.) On appeal, defendant contends the trial court erred in refusing to give jury instructions on self defense. Court conclude defendant did not rely on the theory of self defense as to the criminal threat count. Moreover, Court determine that substantial evidence did not support such a defense and self defense was inconsistent with defendants theory of the case; thus, the trial court had no duty to so instruct the jury. The judgment is, therefore, affirmed.
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