P. v. Dick
Defendant Billy Wade Dick was convicted after jury trial of battery with serious bodily injury (Pen. Code, 242, 243, subd. (d)),[1] and making criminal threats ( 422). The trial court sentenced him to three years in state prison. On appeal defendant contends that the court committed prejudicial error when it (1) failed to instruct the jury that defendant had no duty to retreat, (2) failed to instruct on the law of admissions, (3) failed to instruct sua sponte on the lesser included offense of attempted criminal threats, (4) refused to give defendants requested instruction on absence of flight, and (5) failed to give a Dewberry instruction. Court disagree with defendants contentions and, therefore, affirm the judgment.
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