What is the test for giving the standard flight instruction in a motor vehicle case?
California, United States of America
The following excerpt is from People v. Prysock, 127 Cal.App.3d 972, 180 Cal.Rptr. 15 (Cal. App. 1982):
Appellant contends the trial court prejudicially erred when it gave CALJIC No. 2.52, the standard flight instruction. 18 He implicitly concedes that evidence of flight existed but argues the instruction might have been used by the jury to find appellant's state of mind at the time the crime was committed, which it is claimed, is contrary to People v. Anderson, supra, 70 Cal.2d 15, 32-33, 73 Cal.Rptr. 550, 447 P.2d 942.
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