How have the courts interpreted jury instructions in the context of Section 4500 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Torres, H043671 (Cal. App. 2018):

instructed the jury it could not find defendant guilty of violating section 4500 unless it also found he acted with malice. " ' "[T]he absence of an essential element in one instruction may be supplied by another or cured in light of the instructions as a whole." ' " (People v. Delgado (2017) 2 Cal.5th 544, 574.) In this instance, considering all of the jury instructions, any error was subsequently cured.

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