Does a failure to instruct on an element of the offense require reversal?
California, United States of America
The following excerpt is from The PEOPLE v. RAMIREZ, G039091, No. 05CF0002 (Cal. App. 2010):
Failure to instruct on an element of the offense does not require reversal per se, however. (People v. Flood(1998) 18 Cal.4th 470, 502-503.) The error is harmless if it did not contribute to the verdict, which occurs when the evidence of guilt is overwhelming or not contradicted. (Ibid.)
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