Would the jury instruction's language differ significantly from the prosecutor's argument purporting to interpret it?
California, United States of America
The following excerpt is from People v. Howard, B253031 (Cal. App. 2015):
would independently recognize the difference between the jury instruction's language and the prosecutor's argument purporting to interpret it, and therefore disregard the latter. (See People v. Beltran, supra, 56 Cal.4th at p. 952 & fn. 10 [collecting cases which erroneously used language suggesting the two standards were the same].)
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