California, United States of America
The following excerpt is from People v. Memro, 11 Cal.4th 786, 12 Cal.App.4th 783, 47 Cal.Rptr.2d 219, 905 P2d 1305 (Cal. 1995):
But the question before us is whether the court's ruling that the photographs could be admitted was within reason. It was. The photographs were clearly probative of the prosecution's theory that defendant killed with malice, and they corroborated other evidence of the circumstances surrounding the murders. Before returning its verdict, the jury was instructed "not [to] be influenced by pity for a defendant or by prejudice against him," and "not [to] be swayed by mere sentiment, conjecture, sympathy, passion, [or] prejudice...." We assume that the jurors followed that instruction (People v. Mickey, supra, 54 Cal.3d 612, 689, fn. 17, 286 Cal.Rptr. 801, 818 P.2d 84) and considered the photographs for their evidentiary value alone.
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