In what circumstances will a jury not be required to prove all elements of the crime beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Smith, (Cal. App. 2013):
instructions as a whole led the jury to believe that the prosecution was not required to prove all elements . . . beyond a reasonable doubt." (Ibid.; see also People v. Loy, supra, 52 Cal.4th at p. 75.) Under the instructions given here, we similarly conclude that no reasonable jury could believe that the prosecution was not required to prove all elements of the crime beyond a reasonable doubt.
III. The trial court did not erroneously refuse to permit defendant to identify "C."
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