How have courts interpreted the concept of "knowledge" in the definition of intent in the context of possession with intent to sell?

California, United States of America


The following excerpt is from People v. Consuegra, 26 Cal.App.4th 1726, 32 Cal.Rptr.2d 288 (Cal. App. 1994):

Any error the trial court committed by infusing the concept of "knowledge" into the definition of intent was harmless. We can make that finding if the jury necessarily resolved the factual issue against the defendant in [26 Cal.App.4th 1733] another context. (People v. Reyes (1992) 2 Cal.App.4th 1598, 1604-1605, 4 Cal.Rptr.2d 48.) In instructing on conspiracy, the court told the jury "the ... specific intent to commit [possession with intent to sell]" was required. Knowledge was not infused into this instruction and the jury found the defendants guilty. The jury necessarily found the defendants had the requisite specific intent. 5

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