Does the failure of defendant's counsel to object or move for a mistrial at trial constitute a tacit approval of the court's action?
California, United States of America
The following excerpt is from People v. Kageler, 108 Cal.Rptr. 235, 32 Cal.App.3d 738 (Cal. App. 1973):
'The failure of defendant's counsel to object or move for a mistrial . . . might also be construed to be a tacit approval. Approval of the court's action, even though it might have been a technical violation of section 1138 of the Penal Code, cures any possible error. (People v. Winkelspecht (1965) 237 Cal.App.2d 227, 231, 46 Cal.Rptr. 697.)
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