California, United States of America
The following excerpt is from People v. Smallen, E060839 (Cal. App. 2015):
4. If a trial court gives an instruction, it must provide a complete and accurate statement of the law. (People v. Ramirez (2015) 233 Cal.App.4th 940, 949.)
5. Structural error, which is reversible per se, applies only to instructional errors that "'categorically "'vitiat[e] all the jury's findings.'"' [Citation.]" (People v. Mil (2012) 53 Cal.4th 400, 412.) Omission of the unconsciousness instruction in this case, even if it had been required, would not rise to that level of error.
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