California, United States of America
The following excerpt is from People v. Bowen, 137 Cal.App.3d 1020, 187 Cal.Rptr. 614 (Cal. App. 1982):
Defendant claims that his conviction of first degree murder was based on alternate theories, deliberate murder and felony-murder, one of which, the deliberate murder theory, was legally incorrect. He is entitled to a reversal, he asserts, because "when the prosecution presents its case to the jury on alternate theories, some of which are legally correct and others legally incorrect, and the reviewing court cannot determine from the record on which theory the ensuing general verdict of guilt rested, the conviction cannot stand." (People v. Green, supra, 27 Cal.3d 1, 69, 164 Cal.Rptr. 1, 609 P.2d 468.) Defendant's argument as to why the deliberate murder theory is legally incorrect is unclear. However, we need not decipher the argument, because in
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