California, United States of America
The following excerpt is from The People v. Anderson, E049213, No. FWV702331 (Cal. App. 2010):
Defendant asserts that the trial court erred by instructing the jury on the topic of circumstantial evidence because the prosecution's case did not substantially rely on circumstantial evidence. It appears defendant's argument relies on the following rule: "[T]he general sufficiency of circumstantial evidence instruction... is required to be given by the court on its own motion where the case rests substantially or entirely on circumstantial evidence." (People v. Bloyd (1987) 43 Cal.3d 333, 351, fn. omitted.)
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When the parties and the trial court were discussing jury instructions, the following exchange took place:
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