What is a legally incorrect theory in the context of sexual assault cases?
California, United States of America
The following excerpt is from People v. McDonald, 189 Cal.Rptr.3d 367, 238 Cal.App.4th 16 (Cal. App. 2015):
37 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, 37 Cal.Rptr.2d 200, 886 P.2d 1193, fn. omitted.)
37 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, 37 Cal.Rptr.2d 200, 886 P.2d 1193, fn. omitted.)
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