People v. Salas

I dissent.

The majority mentions that appropriate instructions on circumstantial evidence were given, but declares they should have been given twice, once with respect to the elements of robbery and once with respect to proof of the intent to inflict great bodily injury. As to the latter, the majority states that a failure to instruct, might have misled the jury. I do not agree that this is so. The giving of an instruction once is sufficient, since instructions, even if correct, should not be unduly emphasized by repetition. (4 Witkin, Cal. Procedure (2d ed.) Trial, §§ 209, 210, pp.…