What is the test for a jury to reach a verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. Diaz, B303103 (Cal. App. 2021):

A verdict is to be given a reasonable intendment and be construed in light of the issues submitted to the jury and the instructions of the court. [Citations.]' [Citations.] The form of a verdict is immaterial provided the intention to convict of the crime charged is unmistakably expressed. [Citation.]' [Citation.] [T]echnical defects in a verdict may be disregarded if the jury's intent to convict of a specified offense within the charges is unmistakably clear, and the accused's substantial rights suffered no prejudice. [Citations.]' [Citation.] (People v. Jones (1997) 58 Cal.App.4th 693, 710-711.)

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