What is the test for a jury to determine whether a defendant has been given the wrong instruction in a trial?
California, United States of America
The following excerpt is from People v. Barnett, F075764 (Cal. App. 2019):
instruction."'"'" (People v. Young (2005) 34 Cal.4th 1149, 1202.) "The reviewing court also must consider the arguments of counsel in assessing the probable impact of the instruction on the jury." (Ibid.)
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