Does the doctrine of defense constitute a "theory of defense" instruction to the jury?

MultiRegion, United States of America

The following excerpt is from U.S. v. Goland, 959 F.2d 1449 (9th Cir. 1992):

Goland argues that the district court erred in failing to give a "theory of defense" instruction to the jury. "A trial judge may refuse an instruction if its language gives undue emphasis to defendant's version of the facts rather than being 'a statement of appropriate principles of [the] law for the jury to apply to the facts,' or if it would tend to influence the jury toward accepting the defendant's version of the facts." United States v. Davis, 597 F.2d 1237, 1240 (9th Cir.1979) (citation omitted).

Page 1454

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