California, United States of America
The following excerpt is from People v. Leffler, B283175 (Cal. App. 2018):
People v. Canales concluded the trial court in that case did not err by giving an instruction akin to the trial court's answer to the jury's question here. In Canales, the defendant was charged with possession of a blackjack or billy based on his possession of two items: a straight, smooth piece of wood, and a club with nails driven into the large end and covered with tape. (People v. Canales, supra, 12 Cal.App.2d at p. 217.) The trial court instructed the jury: " 'the instruments before you are within the purview of the instruments announced in the code.' " (Id. at p. 218.) Rejecting the defendant's argument that this constituted "an instruction to find for the People on the issue whether the clubs were within the statute," Canales reasoned that the trial
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