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CALCRIM 103. REASONABLE DOUBT ...Whenever I (the Judge) tell you
the People must prove something, I mean they must prove it beyond a
reasonable doubt unless I specifically tell you otherwise.
Proof beyond a reasonable doubt is proof that leaves you with an abiding
conviction that the charge is true. The evidence need not
eliminate all possible doubt because everything in life is open to some
possible or imaginary doubt... CALCRIM 200 DUTIES OF JUDGE
AND JURY ....You must follow the law as I explain it to you, even if
you disagree with it. If you believe that the attorney's comments
on the law conflict with my instructions, you must follow my
instructions. Some words or phrases used during this trial have legal
meanings that are different from their meanings in everyday use.
These worlds and phrasesx will be specifically defined in these
instructions. Please be sure to listen carefully and follow the
definitions I give you.... Do not use a dictionary or other
reference material, investigate the facts or law, conduct any
experiments, or visit the scene of any event involved in this case.
If you happen to pass by the scene, do not stop or investigate.
CALCRIM 207. proof need not show actual date It is alleged that the
crime occurred on June 28, 2008, and August 21, 2008.
NOTE: this jury instruction actually states two
dates for the alleged crime not one date. Neither of the dates are
correct the assault of Clive by the CHP officer occurred on July 21,
2008. CALCRIM 220. REASONABLE DOUBT ...Whenever I (the Judge)
tell you the People must prove something, I mean they must prove it
beyond a reasonable doubt unless I specifically tell you otherwise.
Proof beyond a reasonable doubt is proof that leaves you with an abiding
conviction that the charge is true. The evidence need not
eliminate all possible doubt because everything in life is open to some
possible or imaginary doubt... CALCRIM 222 EVIDENCE Nothing that the
attorneys say is evidence. In their opening statements and closing
arguments, the attorneys discuss the case, but their remarks are not
evidence. Their questions are not evidence. Only the
witnesses' answers are evidence. The attorneys' questions are
significant only if they helped you to understand the witnesses'
answers.... During the trial, the attorneys may have objected to
questions or moved to strike answers given by the witnesses. I
ruled on the objections according to the law. If I sustain an
objection, you just ignore the question. If the witness was not
permitted to answer, do not guess what the answer might have been or why
I ruled as I did. If I ordered testimony stricken from the record
you must disregard it and must not consider that testimony for any
purpose. ... You must accept the court reporter's notes as accurate.. |