CC 1800 Theft Instruction Applies Only When Property Is Physically Taken
April 30th, 2014



As People v. Beaver (2010) 186 Cal. App. 4th 107, 122, explained: “This instruction applies to situations where a defendant physically takes property from another’s actual or constructive possession.” Thus CC 1800 does not apply where the victim merely gave the property to the defendant under false pretenses

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