Does the jury have to have been able to determine which act or act constituted the crime?
California, United States of America
The following excerpt is from People v. Metheney, 154 Cal.App.3d 555, 201 Cal.Rptr. 281 (Cal. App. 1984):
After engaging in the typical mental gymnastics these cases require, I conclude the jurors could not have divided in believing which act or acts constituted the crime. Therefore, assuming the instruction should have been given, the failure to do so was harmless error beyond a reasonable doubt. [154 Cal.App.3d 567] (Cf. People v. Deletto (1983) 147 Cal.App.3d 458, 465-475, 195 Cal.Rptr. 233.)
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