Is omitting an element of the offense in jury instructions subject to harmless error analysis?
California, United States of America
The following excerpt is from People v. Cummings, 18 Cal.Rptr.2d 796, 4 Cal.4th 1233, 850 P.2d 1 (Cal. 1993):
54 Error in omitting an element of an offense in jury instructions is subject to harmless error analysis when considering the defendant's state constitutional due process right to have the jury determine every material issue presented by the evidence. (People v. Odle, supra, 45 Cal.3d 386, 415, 247 Cal.Rptr. 137, 754 P.2d 184; People v. Murtishaw (1981) 29 Cal.3d 733, 765, 175 Cal.Rptr. 738, 631 P.2d 446.)
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