What is the burden on the defense to object to a prosecutor's misstatement of the law regarding voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Saintis, E051674, Super.Ct.No. INF063053 (Cal. App. 2012):

Similarly, here, the trial court correctly instructed the jury on the general principles pertaining to voluntary manslaughter. The burden was on the defense to object to the prosecutor's misstatement of law and to request an admonition to the jury or a clarifying instruction. (See People v. Hill, supra, 17 Cal.4th at p. 820.) As we have previously discussed, defendant has failed to demonstrate any prejudice which resulted from his attorney's failure to do so.

The judgment is affirmed.

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