Hit and Run: Knowledge Element
August 10th, 2014


When supported by substantial evidence, the defense has the right, upon request, to a defense theory instruction which focuses on the prosecution’s burden to prove that the defendant actually knew of the injury or if he knew that the accident was of such a nature that one would reasonably anticipate that it resulted in injury to a person. (People v. Nordberg (2010) 189 Cal. App. 4th 1228, quoting People v. Holford (1965) 63 Cal. 2d 74, 79.)

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