What is the test for a jury in a sexual assault case when they consider motive rather than burden of proof?
California, United States of America
The following excerpt is from People v. Rand, F059480, Kern Sup. Ct. No. BF128819A (Cal. App. 2011):
instruction does not inform the jury that motive alone may be the basis for a finding of guilt; and (4) the instruction instructs on motive and not on burden of proof. (People v. Ibarra (2007) 156 Cal.App.4th 1174, 1192-1193; People v. Anderson (2007) 152 Cal.App.4th 919, 942-943.)
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