Does the trial court have any prejudicial error in instructing a jury to convict a defendant of burglary by mistake?

California, United States of America


The following excerpt is from People v. Ratliff, 224 Cal.Rptr. 705, 41 Cal.3d 675, 715 P.2d 665 (Cal. 1986):

[41 Cal.3d 697] The trial court's remarks were indeed confusing, but no prejudicial error occurred in light of the overwhelming evidence of defendant's guilt of burglary, an offense to which he offered no defense. Moreover, the jury was given proper instructions regarding the People's general burden of proof in criminal cases. For these reasons, any subsequent instructional error was harmless beyond a reasonable doubt. (See Chapman v. California, supra, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705.)

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