California, United States of America
The following excerpt is from People v. Franklin, 21 Cal.App.5th 881, 230 Cal.Rptr.3d 647 (Cal. App. 2018):
6 We suspect the court's response was motivated by the "fundamental precept of our criminal justice system that before a jury may convict a defendant of a criminal offense, it must find that the prosecution has proved all elements of the offense beyond a reasonable doubt." (People v. Aranda (2012) 55 Cal.4th 342, 349, 145 Cal.Rptr.3d 855, 283 P.3d 632.) The confusion here arises from the oddity that the circumstances listed in CALCRIM No. 603 are not all elements of attempted voluntary manslaughter.
7 The jury was instructed with CALCRIM No. 601, which provides in relevant part:
** See footnote *, ante .
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