Does the court present to the jury a case that is premised on a legally incorrect theory?
California, United States of America
The following excerpt is from People v. Morales, 104 Cal.Rptr.2d 582, 18 P.3d 11, 25 Cal.4th 34 (Cal. 2001):
In this case, by contrast, the court did not present to the jury a case that was premised on a legally incorrect theory. The prosecutor arguably misstated some law, but such an error would merely amount to prosecutorial misconduct (see People v. Osband (1996) 13 Cal.4th 622, 696, 55 Cal.Rptr.2d 26, 919 P.2d 640) during argument, rather than trial and resolution of the case on an improper legal basis.
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