What is the test for instructing a jury on intent to kill where the evidence of intent was overwhelming?

California, United States of America


The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):

But as we explain, the evidence of defendant's intent to kill both victims was overwhelming, and the jury could have had no reasonable doubt on that [6 Cal.4th 46] matter. As in People v. Odle, supra, 45 Cal.3d at page 416, 247 Cal.Rptr. 137, 754 P.2d 184, "this is a case in which the facts overwhelmingly demonstrate that the instructional error was harmless." (See also People v. Harris, supra, 47 Cal.3d at p. 1100, 255 Cal.Rptr. 352, 767 P.2d 619 [failure to instruct on intent to kill harmless where evidence of such intent overwhelming].)

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