What is the test for giving a jury instructions in a murder trial that ask them to consider any lingering doubts about defendant's intent to kill?

California, United States of America


The following excerpt is from People v. Thompson, 246 Cal.Rptr. 245, 45 Cal.3d 86, 753 P.2d 37 (Cal. 1988):

Had the requested instructions actually asked the jury to consider any lingering doubts about defendant's intent to kill, despite the sufficiency of evidence to support their special finding, we might seriously consider whether refusal to give such instruction was error. In People v. Terry

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