California, United States of America
The following excerpt is from People v. Mitchell, 248 Cal.Rptr.3d 587, 443 P.3d 1, 7 Cal.5th 561 (Cal. 2019):
slightly misstated the language of CALJIC No. 8.71 in its oral pronouncement by using the phrase "but you unanimously agree and you have a reasonable doubt" instead of "but you unanimously agree that you have a reasonable doubt." But there does not appear to be any substantive difference between the two formulations that would have affected the outcome. (See People v. Osband (1996) 13 Cal.4th 622, 717, 55 Cal.Rptr.2d 26, 919 P.2d 640 ["as long as the court provides the jury with the written instructions to take into the deliberation room, they govern in any conflict with those delivered orally"].)
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