What is the test for determining whether a defendant is guilty of a specific crime?
MultiRegion, United States of America
The following excerpt is from Cha v. Ground, No. 2:12-CV-2197-CMK-P (E.D. Cal. 2016):
The state court then explained that, under California law, the jury must agree unanimously that the defendant is guilty of a specific crime. See People v. Diedrich, 31 Cal. 3d 263 (1982). In cases where the evidence suggests more than one discrete crime, either the prosecutor must elect among the crimes, or the court must require the jury to agree on the same criminal act. The state court continued as follows:
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