Can a jury be instructed that specific intent is an essential element of the crime of robbery?

California, United States of America


The following excerpt is from People v. Seay, 179 Cal.App.2d 362, 3 Cal.Rptr. 769 (Cal. App. 1960):

No other instructions in respect to intent were given or requested. The court's failure to instruct the jury that specific intent is an essential element of the crime of robbery was clearly erroneous. People v. Sanchez, 35 Cal.2d 522, 526-528, 219 P.2d 9. However, upon examination of the entire record it appears that the error was not prejudicial. No other verdict than a guilty verdict was probable had the jury been properly instructed on specific intent.

Other Questions


Is a jury's instruction that a crime requires specific intent not specific intent invalidating a defendant's due process under the US Constitution? (California, United States of America)
Is there a specific intent for a non-specific-intent crime? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
How to instruct a jury on general intent when a specific intent crime is charged against a defendant? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
What is the effect of referring to count 3 as a specific intent crime rather than a general intent crime? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Is the intent of an aider and abettor to facilitate the commission of a specific intent crime necessarily the intent to achieve a future consequence? (California, United States of America)
Is it a federal error that crime requires general not specific intent rather than specific intent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.