In what circumstances will the court overturn a murder conviction for instructional error?
California, United States of America
The following excerpt is from People v. David, 230 Cal.App.3d 1109, 281 Cal.Rptr. 656 (Cal. App. 1991):
2 Another case, People v. Ricardi (1990) 221 Cal.App.3d 249, 270 Cal.Rptr. 425, reversed a murder conviction for instructional error. But in permitting a retrial, the court upheld the sufficiency of evidence of implied malice. (Id. at p. 260, fn. 5, 270 Cal.Rptr. 425.)
** See footnote *, ante.
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