P. v. Engram
Defendant, Terrion Engram, was charged with attempted premeditated murder (Pen. Code, 187, subd. (a) and 664)[1] and first degree burglary ( 459). The jury rejected the murder charge but found him guilty of burglary. Defendant asserts that the trial court failed properly to charge the jury on the elements of burglary and to define the offense he intended had he gained admission to the house. The People claim the failure to describe the crime had defendant been able to enter the house was harmless beyond a reasonable doubt because the jury must have concluded that defendant intended to attack his ex girlfriend, Heidy Acosta (Acosta), whom he had earlier stabbed with a knife.
Court find that the jury was not properly instructed as to the elements of burglary and remand the case for a new trial.
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