California, United States of America
The following excerpt is from People v. Cry, C082987, C083380 (Cal. App. 2020):
requires reading the word "only" into the portion first quoted above. We do not believe any reasonable juror would have so read that portion of the instruction. (See People v. Walker (1935) 5 Cal.App.2d 290, 293 ["no reasonable juror could read into the language used the meaning now assigned to it by the appellant"].) Instead, that portion of the instruction correctly informed the jury about the mens rea requirement of the special circumstance; then, immediately thereafter, the instruction clarified that in the absence of intent to kill, both reckless indifference to human life and major participation were required. This is an accurate statement of the law.
There was no instructional error.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.