What is the legal test used to determine whether a jury instruction improperly describes or omits an element of an offence?
California, United States of America
The following excerpt is from People v. McIntire, F070255 (Cal. App. 2016):
A jury instruction that improperly describes or omits an element of an offense is reviewed to determine whether it appears beyond a reasonable doubt the instructional error did not contribute to the jury's verdict. (People v. Flood (1998) 18 Cal.4th 470, 502-503, 504.) Appellant argues the trial court should have instructed on the following specific legal concepts:
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