Is a failure to give cautionary instruction harmless?

California, United States of America


The following excerpt is from People v. Perez, H039349, H042098 (Cal. App. 2015):

Where there is no conflict in the evidence, but simply a denial by the defendant that he made the statements attributed to him, the failure to give the cautionary instruction is harmless. (People v. Dickey, supra, 35 Cal.4th at p. 906.)

Page 39

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