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Criminal Practice – Assault – Jury & Jurors – ‘Acquittal First’ Instruction – Intent to Kill – Sleeping Juror – Misidentified Juror (access required)

  During deliberations, the jury asked the trial court if it had “to be unanimous on each of the charges” and listed the charged assault offense—assault with a deadly weapon with intent to kill inflicting serious injury—and its lesser included offenses. The trial court erroneously instructed the jury that it should reach a unanimous verdict as ...

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