California Recreation Industries v. Kierstead
1988.CA.41011 244 CAL. RPTR. 632; 199 CAL. APP. 3D 203
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Publisher Description
Richard Andrew Cole appeals from a judgment of conviction for unlawful possession of cocaine (Health & Saf. Code, § 11350). We find merit in his assertion that a special defense instruction could have misled the jury concerning a material factor in his defense and that the trial court had a duty to correct it. Consequently, because of prejudicial error in jury instructions, we reverse and remand the case for retrial.