What is the difference between a jury in a sexual assault case who convicted the accused of using a knife against the victim?

California, United States of America


The following excerpt is from People v. Espinoza, 140 Cal.App.3d 564, 189 Cal.Rptr. 543 (Cal. App. 1983):

Otherwise stated, while we can confidently conclude that all jurors agreed on the acts which were committed, we can only guess as to how the acts were characterized when the jurors applied the law to the facts. This is not a case such as People v. Martinez (1922) 57 Cal.App. 771, 774, 208 P. 170, involving several uncontradicted acts of sexual intercourse in a statutory rape prosecution. Because the physical acts were identical, it was inconceivable that the jury would have disagreed as to which could form a basis for conviction. In the instant case, the physical acts involving the knife were not identical to those with the gun and we simply cannot conclude the jurors necessarily classified them the same.

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