Does the court need to consider whether to grant a defendant's flight instructions?

California, United States of America


The following excerpt is from People v. Gardner, 151 Cal.Rptr. 123, 87 Cal.App.3d 476 (Cal. App. 1978):

Accordingly, we are left only to determine whether the court acted properly in light of People v. Cannady (1972) 8 Cal.3d 379, 105 Cal.Rptr. 129, 503 P.2d 585, which cautions that flight instructions are called for only where the jury can "reasonably infer that defendant('s) flight reflected consciousness of guilt." (Id., at p. 391, 105 Cal.Rptr. at p. 137, 503 P.2d at p. 593.)

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