What is the law on unanimity in a charge of murder?

California, United States of America


The following excerpt is from People v. Ali, A136128 (Cal. App. 2016):

"A unanimity instruction is required when a defendant commits more than one act which might constitute the charged crime. 'Thus, if the evidence shows more than one instance of the charged crime"two or more discrete criminal events"a unanimity instruction is required.' [] . . . If the evidence shows only one instance of the charged crime, no unanimity instruction need be given." (People v. Coryell (2003) 110 Cal.App.4th 1299, 1307, fn. omitted; see People v. Perez (1993) 21 Cal.App.4th 214, 223.)

"A requirement of jury unanimity typically applies to acts that could have been charged as separate offenses." (People v. Beardslee (1991) 53 Cal.3d 68, 92.) As a general rule, unanimity instructions are not required for a jury finding on the underlying felony in a felony murder charge, even if several different felonies are alleged as the

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