What is a legally incorrect theory in a criminal case?
California, United States of America
The following excerpt is from People v. Slaughter, F067401 (Cal. App. 2015):
26. A legally incorrect theory is one "which, if relied upon by the jury, could not as a matter of law validly support a conviction of the charged offense." (People v. Harris (1994) 9 Cal.4th 407, 419, fn. omitted.)
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