What is the test for a jury to determine whether an instruction interferes with the consideration of evidence at trial?

California, United States of America


The following excerpt is from People v. Vasquez, H035570 (Cal. App. 2011):

" 'In determining whether an instruction interferes with the jury's consideration of evidence presented at trial, we must determine "what a reasonable juror could have understood the charge as meaning." [Citation.] While the initial focus is on the specific instruction challenged [citation], we must also review the instructions as a whole to see if the entire charge delivered a correct interpretation of the law. [Citation.]' [Citation.]" (People v. Price (1991) 1 Cal.4th 324, 446.) In this regard, the absence of an essential element in one instruction may be supplied by another or cured in light of the instructions

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