Can a defendant complain about error in the failure to give the instruction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gann, 925 F.2d 1471 (9th Cir. 1991):
The first question is whether defendant submitted an instruction with the requested language in a timely manner. If a defendant does not submit his proposed instruction in a timely manner, he can not complain about error in the failure to give the instruction. Lewis v. United States, 373 F.2d 576, 579 (9th Cir.1964). The resolution of this question requires an analysis of the trial record:
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