How have courts interpreted improvisation on reasonable doubt?

California, United States of America


The following excerpt is from People v. Yoshimura, 154 Cal.Rptr. 314, 91 Cal.App.3d 609 (Cal. App. 1979):

Appellant claims prejudicial error on the authority of a long line of decisions establishing that an impromptu instruction on reasonable doubt is a perilous exercise. (See People v. Garcia (1975) 54 Cal.App.3d 61, 63-68, 126 Cal.Rptr. 275, and cases cited; see also Pen.Code, 1096a.) They also demonstrate, however, that improvisation As such does not command reversal; only prejudicial error does. (See People v. Garcia, supra, at pp. 68-71, 126 Cal.Rptr. 275.)

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