Is a delivered instruction invalidated if the delivered instruction contains an error?
California, United States of America
The following excerpt is from People v. Gonzalez, B249598 (Cal. App. 2015):
23. Subsequent to the close of briefing in this case, People v. Smith, supra, 60 Cal.4th at pp. 613-617 invalidated another statement included in the delivered instruction. That error operated in favor of defendants, however, such that it could not result in harm to them.
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