What is the effect of the Court of Appeal instructing a jury to consider whether a murder committed by a defendant was of the first or second degree?
California, United States of America
The following excerpt is from People v. Walker, A137905 (Cal. App. 2019):
According to defendants, this instruction essentially told the jury, contrary to California law, that juror unanimity was not required when deciding whether the murder they committed was of the first or second degree. (See People v. Diedrich (1982) 31
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