California, United States of America
The following excerpt is from People v. Hosley, F065500 (Cal. App. 2014):
Any harm was cured by the trial court's correct instructions on the law, both with regard to second degree murder and voluntary manslaughter based on imperfect self-defense or defense of another. "When argument runs counter to instructions given a jury, we will ordinarily conclude that the jury followed the latter and disregarded the former, for '[w]e presume that jurors treat the court's instructions as a statement of the law by a judge, and the prosecutor's comments as words spoken by an advocate in an attempt to persuade.' [Citation.]" (People v. Osband (1996) 13 Cal.4th 622, 717.) Here, the jury
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was expressly admonished to follow the court's instructions if they conflicted with the attorneys' statements. (See People v. Boyette, supra, 29 Cal.4th at p. 436.)21
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