Is a defendant entitled to an instruction that fingerprint evidence alone is insufficient to establish possession?
MultiRegion, United States of America
The following excerpt is from U.S. v. Chow, 935 F.2d 276 (9th Cir. 1991):
Chow claims he was entitled to an instruction, based on the defense theory of the case, that fingerprint evidence alone is insufficient to establish possession. " 'A defendant is entitled to an instruction concerning his theory of the case if it is supported by law and has some foundation in the evidence.' " United States v. Escobar de Bright, 742 F.2d 1196, 1198 (9th Cir.1984) (en banc).
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