How have courts dealt with an instruction error in a case where a defendant has been charged with an assault?
California, United States of America
The following excerpt is from People v. Bravo, F071915 (Cal. App. 2018):
Once again we note, a trial court has a duty to provide correct instructions on all essential elements of a charged offense. (People v. Elam (2001) 91 Cal.App.4th 298,
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305-306.) Instructional error omitting or misstating an element of an offense is subject to harmless error analysis under the harmless beyond a reasonable doubt standard. (People v. Flood (1998) 18 Cal.4th 470, 502-503.)
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