When the prosecution presents different theories of first degree murder in a trial, does the jury have to agree on one particular theory?
California, United States of America
The following excerpt is from People v. King, H037401 (Cal. App. 2013):
The same rule applies when the prosecution presents various theories of first degree murder - the jurors need not decide on particular theory. "Each juror need only have found [the] defendant guilty beyond a reasonable doubt of the single, statutory offense of first degree murder." (People v. Pride (1992) 3 Cal.4th 195, 249 (Pride).)
"The most advanced legal research software ever built."
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.
Other Questions
Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Does a jury have to agree on one or more of the several theories proposed by the prosecution in a first degree murder trial? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Can a jury overturn a verdict of first degree murder where two different theories are presented to support the charge? (California, United States of America)
Does the prosecution have to provide sufficient notice to the defense of a charge of first-degree murder under the felony-murder theory? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
In what circumstances will the jury be instructed that the crime of first degree murder requires unanimous agreement on a particular theory of murder? (California, United States of America)
