Does a jury have to be instructed that the intent to steal must arise prior to or during the application of force?

California, United States of America


The following excerpt is from People v. Hughes, 116 Cal.Rptr.2d 401, 27 Cal.4th 287, 39 P.3d 432 (Cal. 2002):

We bear in mind that "`"`[w]hether a jury has been correctly instructed is not to be determined from a consideration of parts of an instruction or from particular instructions, but from the entire charge of the court.'"'" (People v. Tapia (1994) 25 Cal.App.4th 984, 1027, 30 Cal.Rptr.2d 851.) So viewing the trial court's charge, we conclude that the jury was adequately informed concerning the point in time the intent to steal must have been formed, and hence the trial court had no independent obligation to instruct specifically that the intent to steal must arise prior to or during the application of force.

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