California Criminal Jury Instructions (CALCRIM) (2017)

304. Multiple Defendants: Limited Admissibility of Evidence

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304.Multiple Defendants: Limited Admissibility of Evidence
I instructed you during the trial that certain evidence was admitted only
against [a] certain defendant[s]. You must not consider that evidence
against any other defendant.
New January 2006
BENCH NOTES
Instructional Duty
The court has no sua sponte duty to give an instruction limiting evidence to one
defendant; however, it must be given on request. (Evid. Code, § 355; People v.
Miranda (1987) 44 Cal.3d 57, 83 [241 Cal.Rptr. 594, 744 P.2d 1127], disapproved
of on other grounds in People v. Marshall (1990) 50 Cal.3d 907 [269 Cal.Rptr.
269, 790 P.2d 676].)
AUTHORITY
• Instructional Requirements. Evid. Code, § 355.
Secondary Sources
1 Witkin, California Evidence (4th ed. 2000) Circumstantial Evidence, §§ 30, 31,
35.
4Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.04[3] (Matthew Bender).
RELATED ISSUES
See the Related Issues section to CALCRIM No. 303, Limited Purpose Evidence in
General.
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