What is the test for establishing that flight is established?
California, United States of America
The following excerpt is from People v. Jackson, F064563 (Cal. App. 2013):
In any event, any possible error was manifestly harmless. "The instruction did not assume that flight was established, but instead permitted the jury to make that factual determination and to decide what weight to accord it." (People v. Carter (2005) 36 Cal.4th 1114, 1182-1183.) Further, the trial court clarified the applicability of the instruction by telling the jury:
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