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 VOLUME 13 - CHAPTER 273
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273.10 Juror Unanimity: Specific Offenses

    273.10.1 Assault And Battery

    273.10.1.1 Jury Unanimity: Assault And Battery

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 13 - CHAPTER 273

PRACTICE NOTE: When evidence is presented as to more than one discrete assaultive act unanimity may be required as to at least one of the acts. (See People v. McNeill (CA 1980) 112 CA 3d 330, 334-36 [169 CR 313] [failure to give special unanimity instruction as to which of four possible persons was the victim of assault was reversible error]; but see State v. Solano (AZ 1996) 930 P2d 1315, 1322 [multiple assault (shooting) incidents, subsumed into single course of criminal conduct, created no right to special instruction requiring unanimity]; compare State v. Counterman (AZ 1968) 448 P2d 96, 101 [evidence of multiple assault (shooting) incidents created a sua sponte duty for trial court to require election].)

OPINION AVAILABLE: For additional briefing and an unpublished opinion concluding that unanimity is required as to the act upon which a charge of battery was predicated, click here.  [Opinion Bank # 0-177].

See generally, FORECITE National™ 305.10.4 [Jury Unanimity].

See generally FORECITE National™ 273.1.5 [Jury Unanimity: Federal Model Instructions And Notes].