What is the test for determining whether a jury has been instructed there must be proof of at least one of the seven acts alleged in the information?

California, United States of America


The following excerpt is from The People v. Cook, 111 Cal.Rptr.2d 204, 91 Cal. App. 4th 910 (Cal. App. 2001):

Here, the jury was essentially instructed there must be proof of the commission of at least one of the seven overt acts alleged in the information, two of which we have held to be invalid. Because the finding of at least one overt act is a necessary element of proof ( 182, sub. (b), 184; People v. Morante, supra, 20 Cal.4th at p. 416), we review the entire record to determine whether it appears beyond a reasonable doubt the legal error complained of did not contribute to the verdict. (People v. Harris, supra, 9 Cal.4th at p. 424.)

Other Questions


What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
For the purposes of determining whether there was a factual basis for instructing a teacher on non-forcible oral sex, what is the legal basis for that instruction? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.