What is the test for determining the correctness of jury instructions in a sexual assault case?
California, United States of America
The following excerpt is from People v. Foster, C055782 (Cal. App. 10/28/2009), C055782 (Cal. App. 2009):
The correctness of jury instructions is to be determined from the instructions as a whole. (People v. Anderson (2007) 152 Cal.App.4th 919, 928-929.) The court here also instructed the jury pursuant to CALCRIM No. 226, which provides in relevant part: "You may believe all, part, or none of any witness' testimony. Consider the testimony of each witness and decide how much of it you believe. [] In evaluating a witness' testimony, you may consider anything that reasonably tends to prove or disprove the truth or accuracy of that testimony. Among the factors that you may consider are: . . . [] . . . [] Did the witness make a statement in the past that is consistent or inconsistent with his or her testimony? . . . [] . . . [] Has the witness been convicted of a felony?"
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