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
The following excerpt is from People v. Cantrell, 20 Cal.App.3d 758, 98 Cal.Rptr. 13 (Cal. App. 1971):
It is true that where two different theories are presented to support a charge of first degree murder, and the jury has been erroneously instructed as to either theory, if it is impossible to say upon which theory a verdict of first degree murder was reached, the verdict must be reversed. (People v. Ford, 65 Cal.2d 41, 55-56, 52 Cal.Rptr. 228, 236, 416 P.2d 132, 140. 2 )
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