What is the test for a jury to agree on the basis or "theory" whereby a defendant is guilty?
California, United States of America
The following excerpt is from People v. Huato, C064155 (Cal. App. 2012):
"[W]here the evidence shows only a single discrete crime but leaves room for disagreement as to exactly how that crime was committed or what the defendant's precise role was, the jury need not unanimously agree on the basis or, as the cases often put it, the 'theory' whereby the defendant is guilty." (People v. Russo (2001) 25 Cal.4th 1124, 1132 (Russo).)
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