What is the legal test for determining whether a jury has found that an element of the offense charged is conclusively presumed?
California, United States of America
The following excerpt is from People v. Hedgecock, 272 Cal.Rptr. 803, 51 Cal.3d 395, 795 P.2d 1260 (Cal. 1990):
Generally, when a trial court instructs the jury that an element of the offense charged is conclusively presumed, the effect of the error appears to be measured by the "harmless beyond a reasonable doubt" standard set forth in Chapman v. California (1967) 386 U.S. 18, 21, 87 S.Ct. 824, 826, 17 L.Ed.2d 705. (Rose v.
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