Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary

• January 22, 2010
• Matthew Wallin

Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary The California Court of Appeals recently ruled in People v. Williams that a defendant charged with burglary on an aiding and abetting theory is entitled to a “claim-of-right” jury instruction. A claim-of-right jury instruction is used when someone “takes back” property or an item he or she believed to be his…

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