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People v. Beck and Cruz

The trial court erred in failing to instruct that conspiracy to commit murder requires express malice.

The trial court erroneously failed to instruct the jury that conspiracy to commit murder requires express malice. However, the error was harmless where, based on the other instructions, the prosecutor’s argument, and the verdicts, the jury necessarily found the defendants guilty of conspiracy to commit murder on a proper theory requiring express malice or intent to kill.

____ Cal.5th ____, ____ Cal.Rptr.3d ____, 2019 D.A.R. 11133 (2019) December 02, 2019 (S029843)

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