In a case involving a violation of section 148 of the California Code of Civil Procedure, how has the court treated the issue of knowledge as an element?
California, United States of America
The following excerpt is from People v. Lopez, 188 Cal.App.3d 592, 233 Cal.Rptr. 207 (Cal. App. 1986):
The trial court and counsel on both sides relied upon CALJIC No. 16.100. This instruction is in turn founded upon the misleading dictum of People v. Scrivens, supra, 276 Cal.App.2d at 433, 81 Cal.Rptr. 86. CALJIC No. 16.100 in future [188 Cal.App.3d 600] cases involving violations of section 148 should include knowledge as an element. 3
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