PEOPLE v. MADDEN

Docket No. 4097.

116 Cal.App.3d 212 (1981)

171 Cal. Rptr. 897

THE PEOPLE, Plaintiff and Respondent, v. JAMES R. MADDEN et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

February 24, 1981


Attorney(s) appearing for the Case

COUNSEL

Alan M. Caplan and Quin Denvir, State Public Defender, under appointments by the Court of Appeal, and Tom Lundy, Deputy State Public Defender, for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Nancy Sweet and Charles J. James, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

HOPPER, Acting P.J.

(1a) Where evidence is introduced as to several criminal acts of oral copulation, all of which occurred within a relatively short time span but an accused is not charged with a violation of all of those acts, does the trial court commit reversible error in not giving a sua sponte instruction stating that the jurors must all agree that the accused committed the same act or acts? Yes...

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