In what circumstances will a jury be instructed not to find a defendant guilty of a charge of assault but not guilty of assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Doyle, 130 F.3d 523 (2nd Cir. 1997):
Our acute awareness of the rights of a defendant has discovered that such an instruction might mislead a jury in a case where the facts are in doubt, as was the situation in Reynolds v. United States. [Although] we are not bound to reverse in every case where the instruction may have been given, notwithstanding the obvious guilt of the defendant and the overwhelming weight of facts which are not even contested[, o]ur disapproval of the instruction stands.
Id. at 939.
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