California, United States of America
The following excerpt is from People v. Warner, A152049 (Cal. App. 2021):
Instructions regarding the elements of a crime, including instructions as to malice with respect to murder, affect the substantial rights of the defendant, and are appropriately reviewed on appeal even in the absence of an objection in the trial court. ( 1259; People v. Hillhouse (2002) 27 Cal.4th 469, 503.) We review the legal adequacy of a jury instruction de novo. (Cole, supra, 33 Cal.4th at p. 1211.)
3. Analysis
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