What is the test for a motion under the doctrine of instructing a jury on the elements of a crime?
California, United States of America
The following excerpt is from People v. Taylor, B255513 (Cal. App. 2015):
Appellant contends, and the People agree, that the trial court erroneously instructed the jury on the elements of his crime. While we also agree there was instructional error, we conclude that it was harmless. We find no error regarding appellant's motion under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). The judgment is affirmed.
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