What is the test for instructing a jury on a charge of conspiracy to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Blanco, B267512 (Cal. App. 2017):

"'The trial court is obligated to instruct the jury on all general principles of law relevant to the issues raised by the evidence, whether or not the defendant makes a formal request.' [Citations.] 'That obligation encompasses instructions on lesser included offenses if there is evidence that, if accepted by the trier of fact, would absolve the defendant of guilt of the greater offense but not of the lesser.' [Citations.]" (People v. Rogers (2006) 39 Cal.4th 826, 866.) When conspiracy is charged, the jury must be instructed on "any lesser offenses which the jury could reasonably find to be the true objects of the conspiracy." (People v. Fenenbock (1996) 46 Cal.App.4th 1688, 1706.)

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