Is there any logical gaps in the defense case?
California, United States of America
The following excerpt is from People v. McDonald, F068281 (Cal. App. 2015):
It is settled jurors properly may consider logical gaps in the defense case, and CALCRIM No. 361 reminds them of this power. (People v. Redmond (1981) 29 Cal.3d 904, 911.)43 However, "'before a jury can be instructed that it may draw a particular
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inference, evidence must appear in the record which, if believed by the jury, will support the suggested inference [citation].' [Citation.]" (People v. Saddler (1979) 24 Cal.3d 671, 681 (Saddler).)
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