Does the failure of the trial court to instruct the jury on the elements of the offense compel a reversal of a finding?

MultiRegion, United States of America

The following excerpt is from People of Territory of Guam v. Marquez, 963 F.2d 1311 (9th Cir. 1992):

The Government also asserts that the failure of the trial court to instruct on the elements of the offense should not compel an automatic reversal. The Government's reliance on Olar v. United States, 391 F.2d 773 (9th Cir.1968), for this proposition is misplaced. In Olar, the district court inadvertently omitted an instruction on a necessary element of the offense. Id. at 775. The trial court, however, instructed the jury on all the remaining elements. Id. at 774-75. We noted in Olar that there was no factual dispute concerning the element of the offense omitted in the court's instructions. Id. at 774. In contrast, the trial court in the instant matter did not orally instruct the jury on any elements of the alleged offenses.

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