PG III(E)

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PG III(E) Any Single Fact May Be Sufficient To Leave the Jury With A Reasonable Doubt.

Given the prosecution’s burden, any evidentiary inference relied upon by the defense may be sufficient to leave the jury with a reasonable doubt as to guilt. Hence, when appropriate, language may be added to a pinpoint instruction which informs the jury that the evidentiary theory or inference relied upon by the defendant, “by itself, may be sufficient to leave the jurors with a reasonable doubt as to the guilt of a defendant.” (See e.g., CC 350, CJ 2.40; see also CC 350 Inst 2.)