What are the consequences of a jury failing to find that appellant intended to kill in connection with any of the special circumstance allegations?
California, United States of America
The following excerpt is from People v. Hamilton, 221 Cal.Rptr. 858, 41 Cal.3d 211 (Cal. 1985):
The jury was not instructed to find that appellant intended to kill in connection with any of the special circumstance allegations. This instructional omission was error and affects both the attempted robbery special circumstance findings (Carlos v. Superior Court, supra, 35 Cal.3d 131, 197 Cal.Rptr. 79, 672 P.2d 862) and the multiple murder special circumstance findings.
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