What is the effect of section 1161 of the California Code of Civil Procedure when a jury finds a defendant guilty of assault?

California, United States of America


The following excerpt is from People v. Mayer, B254286 (Cal. App. 2015):

Section 1161 provides, "When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider their verdict . . . ." (People v. Carbajal (2013) 56 Cal.4th 521, 536 ["when the jury returns a verdict of conviction that the court believes to be in error, the courtexercising its authority under section 1161should take care to thoroughly instruct the jury on the applicable law and to explain why the court believes the verdict reflects the jury's mistake of the law"].)

2. Background Facts

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