Does a jury have to find a defendant guilty of possession of a weapon by mistake?

California, United States of America

The following excerpt is from People v. McKinnon, S077166 (Cal. 2011):

Defendant contends the trial court erred by failing to instruct jurors on the knowledge element of the crime of possession of a weapon by a prisoner, a violation of section 4502. (See, e.g., People v. Strunk (1995) 31 Cal.App.4th 265, 272.) He further urges the court was obliged to instruct, under CALJIC No. 2.01, that if the evidence reasonably supported an inference defendant did not knowingly possess the shank, the jury must so find. In both instances, defendant demonstrates no prejudicial error.

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