How have the courts treated error in instructing a jury on the elements of an attempted murder?
California, United States of America
The following excerpt is from People v. Aguirre, F060240, Super. Ct. No. VCF213828 (Cal. App. 2011):
13.Even if we were to find error, we would conclude it was harmless. The jury's guilty verdict on count 1 showed it found every element of the completed offense proven beyond a reasonable doubt. The jury having found the elements of the completed crime, any erroneous failure to instruct on the elements of attempt clearly did not contribute to the verdict. (See People v. Cole (2004) 33 Cal.4th 1158, 1208-1209.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
How have courts used the felony murder special circumstance findings to demonstrate that instructional errors on other aspects of the murder instructions are harmless? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
Is there any reversible error in the Court of Appeal's instructions on attempted murder? (California, United States of America)
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
