Is a failure to define an essential element of a crime prejudicial?
California, United States of America
The following excerpt is from People v. Talamantez, 160 Cal.App.3d 1188, 207 Cal.Rptr. 362 (Cal. App. 1984):
It is true a failure to define an essential element of a crime is prejudicial per se. This court has consistently so held. (People v. White, 101 Cal.App.3d 161, 169, 161 Cal.Rptr. 541; People v. Haney, 75 Cal.App.3d 308, 312, 142 Cal.Rptr. 186.) This, however, is not a case calling for
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