F 4.31a
Presumption Of Consciousness: Prosecution’s Burden Of Proof
*Add to CJ 4.31:
This requires the prosecution to prove beyond a reasonable doubt that the defendant was in fact conscious at the time of the alleged offense, not merely that [he][she] appeared to be conscious.
Points and Authorities
People v. Babbitt (88) 45 C3d 660, 696 [248 CR 69].
Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon or failure to adequately instruct upon a defense or defense theory violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to a fair trial by jury, compulsory process and due process. [See generally, FORECITE PG VII(C).]