People v. Shea

In People v. Shea (1995) 39 Cal.App.4th 1257, the court rejected a challenge to the language of the cautionary instruction but went on to note the instruction should not have been given. ( Id. at pp. 1270-1271) The court said: "This, and the other circumstantial evidence instructions, imposed upon the People an additional inappropriate proof burden. It also conferred upon the defendant an inappropriate proof benefit." (Id. at p. 1271.)