Is a failure to instruct on the related offense prejudicial?
California, United States of America
The following excerpt is from People v. Weathington, 231 Cal.App.3d 69, 282 Cal.Rptr. 170 (Cal. App. 1991):
[231 Cal.App.3d 79] Although it was error to fail to instruct on the related offense, the error "is not prejudicial if 'it is possible to determine that ... the factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions....' [Citations.]" (People v. Turner (1990) 50 Cal.3d 668, 690-691, 268 Cal.Rptr. 706, 789 P.2d 887.)
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