The following excerpt is from U.S. v. Kupau, 781 F.2d 740 (9th Cir. 1986):
The district judge, in this case, erred in giving the dictionary to the jury. The Government had an obligation to prove that the presence of the dictionary was harmless beyond a reasonable doubt. United States v. Littlefield, 752 F.2d 1429, 1431-32 (9th Cir. 1985); Gibson v. Clanon, 633 F.2d 851, 855 (9th Cir. 1980), cert. denied 450 U.S. 1035, 101 S.Ct. 1749, 68 L.Ed.2d 231 (1981). In addition to the cautionary and curative instructions, the Government submitted affidavits from three jurors stating definitions of only two words, "response" and "consummate," neither one critical in this case involving informational and organizational picketing and perjury. The Government attorney also submitted his own affidavit reporting conversations he had with six other jurors, which were consistent with the affidavits of the three jurors.
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