What is the test for determining whether a jury would have convicted a defendant of sexual assault by mistake?
California, United States of America
The following excerpt is from People v. Hardy, 2 Cal.4th 86, 5 Cal.Rptr.2d 796, 825 P.2d 781 (Cal. 1992):
The question that must be asked is: Absent the error, "is it clear beyond a reasonable doubt that the jury would have returned a verdict of guilty?" (United States v. Hasting, supra, 461 U.S. at p. 511, 103 S.Ct. at p. 1981.)
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