California, United States of America
The following excerpt is from People v. Flood, 18 Cal.4th 470, 76 Cal.Rptr.2d 180, 957 P.2d 869 (Cal. 1998):
So too, as in this cause, a defendant's "right to a jury verdict of guilt beyond a reasonable doubt" (Sullivan v. Louisiana, supra, 508 U.S. at p. 281, 113 S.Ct. 2078) as to a crime is denied when there is an instructional omission of an element of the crime: There is then no jury verdict that the defendant is guilty of the crime beyond a reasonable doubt.
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