Tag Archives: CC 1121


Improper to Give CC 370 [Motive Not an Element] in Cases Requiring Motive
December 5th, 2016

Conflicting intent instructions—where one instruction requires the prosecution to prove intent while another instruction eliminates that requirement—can remove an element of the charge in violation of the Due Process Clause of the federal constitution. (See People v. Maurer (1995) 32 Cal.App.4th 1121, 1128; see also People v. Lee (1987) 43 Cal.3d 666, 673–674.) This is […]


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