Erroneous Language Concerning a Jury Instruction

In People v. Sanchez (1950) 35 Cal.2d 522, the defendant was charged with robbery, vehicle theft, and two counts of assault with a deadly weapon. (35 Cal.2d at p. 524.) On the robbery charge, the issue was whether the defendant, who claimed intoxication, had the specific intent permanently to deprive the owner of the property. ( Id. at p. 525.) The defense requested an instruction which included the following with respect to the robbery charge: "Thus in the crime of robbery of which the defendant . . . is accused in this case in Count 3 of the information, the specific intent to steal property from the possession of the owner by means of violence, force or fear with the intention of permanently depriving the owner of his property is a necessary element of the crime." ( Id. at p. 527.) The trial court refused the instruction. Although the requested instruction included arguably erroneous language with respect to the assault charge, the Supreme Court concluded the trial court erred because the erroneous language concerning the assault could have been stricken and the remainder, including the statement with respect to the robbery, could have been given. ( Id. at pp. 527-528.)