What are the elements of extortion in the written instructions of a jury?

California, United States of America

The following excerpt is from People v. Fryson, C067008 (Cal. App. 2015):

While the first oral instruction given was missing an element (the element requiring the defendant's intent to use fear to obtain the victim's consent) the written instructions were not missing this element. Where the oral instructions differ from the written instructions, the written instructions control. (People v. Mills (2010) 48 Cal.4th 158, 201.) We presume on this record that the jurors followed the court's written instructions, which contained all of the elements of extortion. (Ibid.)

Page 22

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (California, United States of America)

Can a jury be found to have found an omitted element in a jury instruction where the jury could not have rationally found the omitted element unproven? (California, United States of America)

Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)

Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence? (California, United States of America)

Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)

Does the jury have a duty to instruct the jury on the essential elements of the charged offence? (California, United States of America)

Is there any evidence that the jury did not follow the instruction or the jury instructions? (California, United States of America)

If a jury had been instructed not to use gang related evidence, would the jury have been instructed to exclude the name of the alleged shooter from the photographic line-up? (California, United States of America)

Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)

Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)

What are the elements of extortion in the written instructions of a jury?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources