California, United States of America
The following excerpt is from People v. Baranov, 19 Cal.Rptr. 866, 201 Cal.App.2d 52 (Cal. App. 1962):
See also People v. Lewis, 186 Cal.App.2d 585, 597[5-8], 9 Cal.Rptr. 263. The People respondent herein, contend that the instruction directed the jury as to the weight of the evidence. We do not so construe it. It does not say what weight is to be given to such evidence; it merely calls attention to the evidence as something to be considered. If the trial court had desired to reward the instruction or if the People had desired to submit a different instruction embodying the same thought, it would have been proper, but the instruction as submitted did not misstate the law.
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