Can a jury reverse a verdict in a case where the jury was instructed on two theories of second degree murder, express malice and implied malice?
California, United States of America
The following excerpt is from In re Ferrell, 2d Crim. No. B303028 (Cal. App. 2020):
Here the jury was properly instructed on two theories of second degree murder, express malice and implied malice, but improperly given a felony-murder instruction based on a violation of section 246.3. Where a jury is instructed on both correct and incorrect theories of guilt, reversal is required unless we conclude beyond a reasonable doubt that the jury based it verdict on a legally valid theory. (People v. Chiu (2014) 59 Cal.4th 155, 167.)
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