California, United States of America
The following excerpt is from People v. Hardwick, B265447 (Cal. App. 2017):
the elements of each charged offense. (People v. Mil (2012) 53 Cal.4th 400, 409 (Mil) [court has sua sponte duty to instruct on elements of charged offense]; 1259 [appellate court may review instructional errors affecting defendant's substantial rights notwithstanding failure to object].)
The basic elements of assault with a deadly weapon ( 245) are:
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