California, United States of America
The following excerpt is from People v. Camacho, H043233 (Cal. App. 2017):
2. Cummings was abrogated by People v. Merritt (2017) 2 Cal.5th 819, 821-822 on the issue of whether "a harmless error analysis may be applied to instructional error which withdraws from jury consideration substantially all of the elements of an offense." (See Cummings, supra, 4 Cal.4th at p. 1315.)
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