Graham v. Commonwealth

The standard for granting jury instructions is well established.

If there is evidence in the record to support the defendant’s theory of defense, the trial judge may not refuse to grant a proper, proffered instruction. “Furthermore, where evidence tends to sustain both the prosecution’s and the defense’s theory of the case, the trial judge is required to give requested instructions covering both theories.” When instructing the jury, the trial judge must be mindful that:

[t]he jury is not required to accept, in toto, either the theory of the Commonwealth or that of an accused. They *680have the…