In what circumstances will the court allow a defendant to argue that motive was not an element of the crime charged and need not be shown?
California, United States of America
The following excerpt is from People v. Catalan, F070809 (Cal. App. 2018):
Similarly, in People v. Snow (2003) 30 Cal.4th 43 (Snow), the defendant argued an instruction that motive was not an element of the crime charged and need not be shown conflicted with another special circumstance instruction requiring the jury to find "'the
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